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 Defendant is a company engaged in the development, manufacture, and wholesale and retail of lighting machinery, tools, and other related products at the ground buildings C (hereinafter “the instant building”) and warehouses (hereinafter “the instant warehouse”). The Plaintiff is the owner of land and trees adjacent to the instant building.

B. On April 12, 2017, around 4:00 p.m., the instant warehouse and the instant building: (a) a fire that was ignited in the front of the toilets located in the instant building (hereinafter “instant fire”); and (b) the instant fire was burned and the Plaintiff-owned trees were burned up.

The first element of the fire is presumed to be the winding fire that is caused by the act of incineration in a cigaretteing or a village in the vicinity of a fire, such as related persons, etc., by the winding of the fire that is caused by the act of incineration in the village.

(c) At the time fire-fighting trees owned by the Plaintiff are 20 gye, 10 gye, 10 gye, 5 gye, 16,700,000.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 5, the result of a request for appraisal by the court of first instance for appraisal, and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that the Defendant is liable for tort since the instant fire occurred due to D, a director of the Defendant’s representative, due to the cigarette butts.

If a corporation is liable to compensate for damages due to the representative's illegal act, it is required that the representative's act has caused damage.

However, if it can be deemed that the act was an act of a representative of a corporation in the appearance of the act, it was intended to promote the interests of the representative or was in violation of the provisions of the law.

Even if it comes to the above duties, it shall be considered as an act.