1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. The status of the party is that the Plaintiff operates a factory that manufactures and processes industrial contact tapes in the building No. 462-11, 601, Ansan-si, Ansan-si, Masan-si. The Plaintiff owned by the Plaintiff, and the Defendant owns the same ground building adjacent to the Plaintiff’s building and operates a factory that manufactures automobile parts in the building.

B. A fire occurred on October 12, 2008 and damages therefrom (1) around 00:37, 200: (a) on the part of the Plaintiff’s factory building attached to the instant fireproof building, and the machinery, parts and inventory assets owned by the Plaintiff, which were stored in the said building and warehouse, were destroyed.

(2) According to the fire site investigation and the fire awareness by the Gyeonggi Provincial Police Agency and the National Institute of Scientific Investigation, the lower part of the instant warehouse building owned by the Defendant was presumed to have burned fire in the direction of the Plaintiff’s factory building, but the correct point and cause of combustion cannot be discussed.

C. On February 2, 2009 and April 22, 2009, the Plaintiff received KRW 324,240,778 in total, including KRW 76,572,976 in the facility part, KRW 144,459,937 in the machine part, and KRW 103,207,865 in the movable property part.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, 10, and Eul's 4 (including ing number; hereinafter the same shall apply), each entry and video, and the purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant constructed a building without permission in the vicinity of the factory building and used it as a warehouse and did not properly manage it. Thus, the fire in this case occurred within the building and adjacent to the plaintiff's factory building.