1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 6, Eul evidence 1 to 5, and evidence 7:

On March 3, 2014, at around 01:02, fire occurred in the “C” of the fireworks store in the first floor of the building of the Gu Government.

The said fire was destroyed by a fire brigade called at around 01:23, but damage was caused by Nonparty D’s wall glass (including presses), signboards, electric facilities, etc. inside the store and tent, which was a general restaurant of Nonparty D’s first floor of the same building.

(hereinafter referred to as “C” is referred to as “fire store” and “E”. (b)

The Plaintiff, as an insurer who entered into a fire insurance contract with D with regard to the damaged store, assessed the damage of D caused by the instant fire, and paid KRW 21,106,128, including the facility repair cost and the business suspension damage to D on July 15, 2014.

C. Fire stores are the stores leased by Nonparty F, the owner of the building, and the period of insurance between B and the Defendant is from August 3, 2013 to August 16:00 to August 3, 2014, a fire insurance contract was concluded between B and the Defendant.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the fire in this case occurred due to defects in the installation and preservation of the structures of B and G (B husband), which are the occupants of the fire stores, and therefore, B, etc. is liable for damages suffered by others pursuant to Article 758(1) of the Civil Act, and the Defendant is liable for the same damages as the insurer of B. The Plaintiff is entitled to exercise D’s right by subrogation by the insurer by paying insurance money of KRW 21,106,128 with respect to the damages of D caused by the fire in this case. Thus, the Defendant, the insurer of B, as the insurer of the above insurance money paid to the Plaintiff, is liable for reimbursement of KRW 16,84,90 and damages for delay

B. Article 758(1) of the Civil Act of the judgment.