1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of the building on the ground C (hereinafter referred to as the “Plaintiff factory”) of the Plaintiff in Sungsung-si, who is engaged in the business of manufacturing the frame box in the above factory under the trade name “D”, and the Defendant is the owner of the building on the ground E-factory adjacent to the Plaintiff factory (hereinafter referred to as the “Defendant factory”) and the company engaged in the recycling business, such as waste clothing, etc. in the above factory.

B. A fire at around 17:49 on June 25, 2016 (hereinafter “instant fire”) occurred and the Plaintiff’s factory, its internal facilities, and Defendant factory were relocated.

C. The F Co., Ltd., Ltd., which the Plaintiff subscribed to fire insurance, calculated the Plaintiff’s amount of damages as KRW 818,640,057, and paid the Plaintiff KRW 705,916,734 to the extent of the subscription amount.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s point of birth of the instant fire was the head of the Defendant’s factory’s waste disposal site; the instant fire occurred after the Defendant’s incineration of wastes or due to cigarette butts dumped by the Defendant’s employees; further, the Defendant was not equipped with the fire prevention facilities and caused the Defendant’s failure to store waste and waste plastic products to the end of the Defendant factory, and caused the Defendant’s failure to leave oil. Accordingly, the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff as a result of the Plaintiff’s destruction of the instant fire (i.e., total damages amounting to KRW 1,155,365,681 (i.e., KRW 1,060,207, KRW 371 and KRW 95,158,310).

Moreover, the defendant factory is the defendant factory.