1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 21, 2009, the Defendant operated a recycling store on the 1st floor of the Nowon-gu Seoul Special Metropolitan City. On June 21, 2009, a fire (hereinafter “the instant fire”) occurred due to electrical factors in the said store. A large number of recycled home appliances, such as washing machines and air conditioners, etc. located therein, and one square meter out of the size of the said store was destroyed by KRW 79 square meters. As a result, the Defendant inflicted damage on the 79 square meters of the store size, thereby incurring property damage equivalent to KRW 1,927,00, the instant fire.

B. At the time, the fire extinguishing of this case was called up at the Seocheon Fire Station 119 Safety Center to extinguish the fire of this case, and the extinguishing of fire waterways for extinguishing fire was completely extinguishing around 03:40 on June 21, 2009.

C. Meanwhile, the Plaintiff operated a motor vehicle maintenance business entity (hereinafter “instant business establishment”) with the trade name “D” from the building adjacent to a recycling store where the instant fire occurred, and the Defendant operated a recycling store even after the instant fire, and reported the business on September 1, 2013.

[Ground of recognition] Facts without dispute, entry or video of evidence Nos. 1, 2, and 3, fact inquiry results of this court's non-contentious fire extinguishing report, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The main point of the assertion was that the fire-fighting waterways used in the process of extinguishing the instant fire were flooded, contaminated, and the equipment such as air-conditioners installed inside the instant business establishment was damaged and the equipment was damaged and prevented from being used, thereby causing damage equivalent to KRW 38,010,000.

As such, in the process of extinguishing the instant fire, flood damage has occurred due to the occurrence of flooding by the fire-fighting water that was killed in the instant workplace. As such, the Defendant is liable to compensate the Plaintiff for the damage (38,010,000 won) suffered by the Plaintiff due to flooding of the instant workplace.

(b) Determination feet, Gap evidence Nos. 1, 2, 3, 2, and 3; or