1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive apartment organization insurance contract with respect to the apartment in South Korea, and the Defendant is an insurer who has concluded an insurance contract that includes special terms and conditions of liability for damages on the family day with D.

B. On December 7, 2016, around 13:15, a fire occurred in the above apartment E, which was leased and resided by D, and a property damage was incurred to the above apartment F, G, and common areas.

(hereinafter “instant fire”). C.

On February 24, 2017, the Plaintiff paid insurance money of KRW 3,831,090 with respect to the common use area of the above apartment, and on March 17, 2017, the Plaintiff paid KRW 2,816,266 with respect to the insurance money of the above apartment F, and KRW 292,475 with respect to the above apartment G.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, 12 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the fire of this case was caused by the power source code of the above apartment E, which was controlled and managed by D, and was due to the failure to perform the duty to take ordinary protective measures under the social norms. Thus, the Defendant, the insurer who entered into an insurance contract with D, has the obligation to pay the Plaintiff the total amount of the insurance money paid by the Plaintiff due to the instant fire (= KRW 6,939,831,090, KRW 2,816,266, KRW 292,475, and delay damages therefrom) to the Plaintiff acquired by subrogation of the right to claim damages pursuant to Article 682 of the Commercial Act.

B. The defendant's assertion that the cause of the fire in this case is not revealed, and there is no defect in the construction and preservation of the above apartment E, and D is the insured of the comprehensive insurance contract of the above apartment group concluded with the plaintiff, so the insurer cannot exercise subrogation, and even if the defendant's responsibility is recognized, the defendant's responsibility should be limited within 30% under the Real Liability Act.

3. Determination feet, Gap 5, 6, and .