구상금
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. On January 16, 2016, Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was the owner of a gold-type manufacturing factory building with the size of the second floor above the ground surface above the fourth floor above the ground surface D (hereinafter “the instant damaged building”). On January 16, 2016, the Plaintiff entered into the instant F contract on the instant damaged building and machinery as follows. The Industrial Bank, the mortgagee of the instant damaged building, established a pledge on the claim for insurance money under the said F contract.
- Insurance types: F - Insured: Non-party company - Insurance period: from January 18, 2016 to January 18, 2017 - Building G Dong: 315,046,00 won, building H Dong: 100,056,00 won, and machinery: 72,090,000 won.
B. On July 24, 2016, the Defendant operated J, a company specializing in the withdrawal of electrical and electronic equipment, at the factory building located adjacent to the instant damaged building. However, around July 24, 2016, at the above J factory building, the fire occurred in the building of the said J factory, three buildings of the said J factory were relocated, and the fire was expanded to adjacent building of the instant damaged building, and the damage was caused by the wind that damaged 48,663,268 won with the cost of restoring the damaged building to its original state, 2,387,122 won in total, 51,050,390 won in the cost of removing the remaining goods.
(hereinafter “the instant fire accident”). C.
The Plaintiff, as an insurer of the F Contract for the instant damaged building, paid KRW 51,050,390,000 to the Industrial Bank of Korea, the pledgee for the claim for the insurance money, as the insurance money due to the instant fire accident.
The Gyeonggi Seosung-gu Police Station, the Gyeonggi-nam Police Agency, the Scientific Investigation Team, etc. investigated the cause of the instant fire, and all of the first point was presumed to be the J factory tent, but it is difficult to confirm the cause of the fire, and there is a possibility of fire by fire or fire extinguishment.