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 a person who engages in the business of manufacturing dypium and chemical equipment with the trade name of “C” from the 1st floor of 350.56 square meters of the 1st floor above the ground surface of the steel framed Group in the Nam-gu Incheon Metropolitan City (hereinafter “instant building”). The Defendant is a person who engages in the business of manufacturing dypries and wholesale and retail, etc. at a factory located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. adjacent to the instant building.

B. On April 4, 2013, around 23:46, a fire that occurred at the Defendant’s above plant, and was burned up to the building of this case, and the fire brigade was extinguishing by a fire brigade called out.

(hereinafter referred to as "the fire of this case"). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 to 6, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion that the fire of this case occurred because the fire of this case was neglected to take fire prevention measures, such as covering the plastic container which is inflammable at the entrance of the defendant factory with approximately 2/3 of the oil tank covering the steel plate, etc. so that fire does not occur as long as the container is loaded adjacent to the boiler which is 2/3 of the oil tank. Thus, the fire of this case was caused by defects in the installation and preservation of boiler and plastic container, which are structures.

Therefore, the defendant, as the possessor or owner of the above boiler and plastic container, is liable for damages sustained by the plaintiff due to the fire of this case under Articles 758 through 750 of the Civil Act.

In addition, unless it is proved that the defendant as the possessor of the factory or plastic container of this case did not neglect due care necessary for the prevention of damage, he is liable to compensate for the damage suffered by the plaintiff due to the fire of this case.

The Plaintiff’s damage caused by the instant fire is KRW 36,708,217, and KRW 26,797,464, and KRW 57,727,798, and KRW 798, and KRW 733,500, and KRW 6,274,464.