1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The same mountain machine Co., Ltd. (hereinafter “the same mountain machine”) is the owner of the factory building B (hereinafter “the instant building”) located in Silung-si, and C, as the lessee of the instant building, operates a personal business entity of A, who runs metal surface disposal business, etc. in the instant building, and operates the Defendant as the representative director of the Defendant by establishing the Defendant on October 28, 2016, which is the lessee of the instant building.

B. On February 6, 2015, the Plaintiff concluded an insurance contract for factory fire with the same period from February 8, 2015 to February 8, 2016 with respect to the instant building.

C. On October 26, 2015, at around 22:00 on the instant building, a fire presumed to have been naturally occurring in luminous stacks, etc., which had been accumulated by employees of C in the process of treating metal surface (hereinafter “instant fire”), and the wall surface of the instant building was lost due to the instant fire.

On January 13, 2016, the Plaintiff paid KRW 5,708,275 of the insurance money due to the damage from the wall surface of the instant building.

【Ground for recognition】 The fact that there has been no dispute, each entry or video of Gap's 1 through 9, the purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion that the fire of this case occurred because the defendant, as the occupant of the factory in the building of this case, has a high possibility of fire due to heavy heat occurring during work, he/she shall fulfill his/her duty of care to prevent fire. However, since the fire of this case occurred because he/she neglected his/her duty of care, such as neglecting the luminous ray, etc., which can be easily attached to a high-calorie luminous stack, the luminous stack, which was broken down, and thus, the defendant, as the occupant of the structure, is liable to compensate for the damage caused by the fire of this case to the same

In addition, the defendant leased the building of this case from the same time, but is the object of lease due to the fire of this case.