1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is the owner of a building consisting of 1st floor underground, 3rd floor factory and accessory warehouse, etc. (hereinafter “instant building”) on the ground surface C of Busan Seo-gu, Busan, which is the owner of the instant building. From January 1, 2012, the Defendant entered into a lease agreement with B, and used a part of the first floor (425 square meters) of the instant factory building as a chromosome, etc.

B. Of the first floor of the instant factory building, the remainder except warehouses is used by B, and the second floor is leased by Nonparty D and engaged in chroding, etc. with the trade name of Nonparty D.

C. The Plaintiff is an insurer who entered into a factory fire insurance contract with B, setting the insurance period from December 6, 2012 to December 6, 2013 with the insurance coverage amounting to KRW 500 million.

On November 10, 2013, around 06:10, the building of this case contains a phenomenon in which electric wires and cables, which pass through the shop located in the leased factory by the Defendant, are eroding in accordance with the surface of electric products with damping, water powder, dust, and other pollutants attached thereto. This phenomenon means a phenomenon in which a prolonged state of erosion has disappeared for a long time, and a erodings occur while heating under the electrical resistance.

The occurrence of a fire caused by this case caused damage to part of the building of this case.

(hereinafter referred to as the “instant fire”). E.

The plaintiff above C.

On June 5, 2014, insurance money was paid KRW 24,706,525 according to the insurance contract in B.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, Eul 10-4, Eul 11, part of Eul 8 evidence, and the purport of the whole pleadings

2. Assertion and determination

A. Talking, which caused the instant fire, is the lessee, of the gist of the Plaintiff’s assertion.