1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

1. Basic facts

A. The Plaintiff is an insurer who concluded a fire insurance contract for Fdong warehouse building in E (hereinafter “Plaintiff building”) and inventory assets owned D in the building in both weeks.

(Insurance) The amount of insurance coverage is KRW 80,000,000, inventory assets of KRW 50,000,000. The Defendant leased a Gdong Building adjacent to the Plaintiff’s building (hereinafter “Defendant’s building”) and operates “H” at that place.

B. On December 29, 2017, around 06:13, a fire (hereinafter “instant fire”) occurred on the rear side of the Defendant’s building, and the fire was destroyed by the Plaintiff’s building attached to that fire to an adjacent Plaintiff’s building and the inventory assets stored in that building.

The two-way fire-fighting team concluded that the possibility of the outbreak of the fire of this case is the highest by electrical factors, but the correct cause of the outbreak cannot be discussed.

C. On April 13, 2018, the Plaintiff paid to I KRW 20,157,456, and KRW 20,364,784, and KRW 40,52,240, out of the amount of loss on inventory assets, to D as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff used a large quantity of electricity as an occupant of the Defendant building, the Defendant did not take appropriate safety measures, such as installing facilities to prevent the spread of fire or burning.

As a result, the fire occurred in the defendant's building and the expansion to the plaintiff's building adjacent to its influence, I and D suffered damage.

Therefore, the Defendant is liable to compensate for the damages of I and D caused by the instant fire pursuant to Article 758 of the Civil Act, and is obligated to claim the damages to the Plaintiff who exercises the right to claim the damages in subrogation pursuant to Article 682(1) of the Commercial Act.

B. There is no defect in the installation and preservation of the defendant's building, and the prevention of damage.