1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff, as an insurer, concluded a DNA insurance contract (hereinafter “instant insurance contract”) that covers damage, etc. caused by fire on the building on the ground C at Sung-si (hereinafter “Plaintiff factory”), which is the subject matter of insurance, with the Industrial Bank of Korea’s Industrial Bank of Korea and the insurance period from February 25, 2016 to August 25, 2016; and the total amount of insurance coverage amounting to KRW 477,919,400, which is the subject matter of insurance.

The defendant is the owner of the building E-ground factory (hereinafter referred to as the "Defendant factory") adjacent to the plaintiff factory, and the company engaged in recycling business, such as waste clothing, etc. in the above factory.

On June 25, 2016, a fire that occurred around 17:49 (hereinafter “instant fire”) and both the Plaintiff’s factory and the Defendant factory were discharged.

Under the instant insurance contract, the Plaintiff calculated the Plaintiff’s amount of damages as a result of the destruction of the Plaintiff’s factory building at KRW 321,419,249, and paid KRW 321,181,956 to the Industrial Bank of Korea as the insured within the scope of subscription

[Ground] The Plaintiff’s assertion as to the ground of claim as to the Plaintiff’s assertion as to the Plaintiff’s grounds of claim as to Gap’s evidence Nos. 1 through 3, and the purport of the entire pleadings is within the Defendant factory. The instant fire occurred due to a fire remaining after the Defendant retired wastes due to neglecting the management of the waste disposal plant, etc., or a cigarette butts, which were dumped by the Defendant’s employees, and further spread due to the Defendant’s failure to install a fire

Therefore, the defendant is liable to compensate for the damages suffered by the Industrial Bank of Korea due to the loss of the plaintiff's factory due to the fire of this case in accordance with the provisions of Article 758 of the Civil Act, and the plaintiff shall exercise by subrogation the right of compensation for damages against the defendant of the Industrial Bank of Korea

Judgment

The defects in the installation and preservation of a structure as referred to in Article 758 (1) of the Civil Act shall be the structure.