1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts constituting the premise for determination

A. On March 3, 2014, at around 01:02, a fire occurred in the fireworks store for Defendant A’s operation, which is on the first floor of the building in the Gu Government-si B building.

Although the said fire was destroyed by a fire brigade called at around 01:23, the damage was inflicted on the “E” store operated by Nonparty D, which is the store for infant supplies at the first floor of the same building.

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

The Plaintiff, as an insurer who entered into a comprehensive property insurance contract with D with respect to the damaged store, assessed the damage of D caused by the instant fire, and paid insurance proceeds of KRW 40,387,067 on April 15, 2014, including KRW 510,852, and KRW 39,876,215, respectively.

C. Fire stores are the stores leased by Defendant A from Nonparty F, the owner of the building, and the fire insurance contract was concluded between the said Defendant and the said Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”).

In addition, the contents of the fire insurance contract include the amount of insurance coverage of one billion won and the special terms and conditions for fire liability of one billion won.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments

2. The Plaintiff’s assertion and determination as to the cause of the claim

A. The gist of the Plaintiff’s assertion 1’s assertion that the instant fire was attributable to the defect in the installation and preservation of the Defendant’s structure, which is the possessor of a fire store, and thus, the said Defendant is liable for damages inflicted on another person pursuant to Article 758(1) of the Civil Act. The Defendant Company, as the insurer of the Defendant Company, has the same responsibility as the insurer of the Defendant Company, and the Plaintiff may jointly pay insurance money for damages caused by the said fire and exercise D’s right by subrogation by the insurer. Therefore, the Defendants jointly share the said insurance money to the Plaintiff.