1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Defendant is a person who operates a motor vehicle maintenance shop in Ansan-si, a member B (hereinafter “instant motor vehicle maintenance shop”).

At around 11:48 on March 8, 2012, Defendant employees were not in the process of heat treatment in the seal disposal room located in the said automobile maintenance shop.

B. The fire destroyed the inside of the instant automobile maintenance shop, such as books, etc., which were engaged in heat treatment work, and subsequently, destroyed the said building and machinery, office fixtures, etc. attached to the said building and the said building, which were located on the part of the said automobile maintenance office, to the Plaintiff-gu Seoul Special Metropolitan City Building located on the side of the said automobile maintenance

(hereinafter “instant fire”). C.

The Plaintiff suffered property damage of KRW 623,138,802 due to the instant fire, and was paid insurance money of KRW 410,973,981 from the fire insurance company to which the Plaintiff was a party.

[Ground of recognition] No dispute, entry of Gap evidence Nos. 1 through 9 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Compensation for damages caused by tort

A. The Plaintiff’s instant automobile maintenance shop is defective in the installation and preservation of the automobile, and the Defendant is the possessor. As such, the Defendant is liable to compensate the Plaintiff pursuant to Article 758 of the Civil Act, Article 756 of the Civil Act, and Article 750 of the Civil Act for the following reasons. As such, the Plaintiff is liable to compensate the Plaintiff for damages from KRW 623,138,802, which is the damage incurred by the instant fire, minus KRW 410,973,981, which is the damage incurred by the Plaintiff, and the remainder of KRW 212,164,821 (=623,138,802 - KRW 410,973,981) and the delay damages therefrom.

The defendant's automobile maintenance shop where the fire in this case occurred has many heat treatment strings and heat treatment drying devices inside for heat treatment work, and there are many inflammable materials such as paints and packers. Therefore, the defendant's automobile maintenance shop which has a high risk of fire.

Nevertheless, the defendant is found to have been negligent in placing inflammable substances within the workplace, and the defendant of this case.