The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On October 22, 2010, the Plaintiff concluded a fire insurance contract with C Co., Ltd. (hereinafter collectively referred to as “C”) and K as an international wheelchairs (hereinafter referred to as “international wheelchairs”). The Plaintiff concluded the fire insurance contract with the insured as of October 23, 2012, by setting the insurance coverage amount as KRW 2,142,00,000,000, total insurance coverage amount as of October 23, 2012, as well as as as of October 23, 2013.

B. C is a company engaged in the business of manufacturing shipbuilding machinery and materials, and performed the process of cutting, processing, manufacturing, and inspection of raw materials in the above factory by leasing the factory from international wheelchairss. Around November 2005, the Defendant, the representative of E, entered into a subcontract with C and agreed to provide pipes for drawing gold and painting in the instant factory, and continued the same business as G, the name of which is lent from B around 2012.

C. On February 19, 2013, at around 00:10, a fire occurred in the factory of this case; the wall, roof, cargo elevator, etc. of this case were destroyed by burning, and the surrounding wall and ceiling were damaged by fire, and the accident, where the outside wall of the building of this case was destroyed by fire, and the accident, where the outside wall of the building of this case was destroyed by fire, was destroyed by fire.

(hereinafter “instant fire”). D.

On April 18, 2013, the Plaintiff paid KRW 47,903,711 of the non-life insurance amount due to the instant fire to C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 through 5, the purport of the whole pleadings

2. The Plaintiff asserted that the instant fire occurred due to the defect in the installation and preservation of the Defendant’s structure, which is the possessor of a container installed inside the instant factory (hereinafter “instant container”), and the Plaintiff paid the insurance money from the instant fire to the International Wheel, the victim.