Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The Plaintiff is an insurer who entered into an automobile insurance contract with the E-vehicle (hereinafter “Plaintiff”), and the Defendant, C, and D (hereinafter “Defendant, etc.”) are students attending the same high school.

나. 피고 등은 2018. 2. 2. 16:22경 서울 송파구 F건물 1층 주차장(이하 ‘이 사건 주차장’이라 한다)에서 약 3분간 함께 담배를 피우고 자리를 떠났는데, 이 사건 주차장 부근에 설치된 CCTV 영상에 의하면, 피고가 담뱃불을 붙인 후 나갈 때까지 쪼그리고 앉아서 담배를 피우는 모습(이에 따라 피고가 담뱃불을 어떻게 껐는지는 확인되지 아니한다), D이 담배를 다 피운 후 바닥에 담배꽁초를 버리고 담뱃불을 끄기 위한 행동 없이 곧장 밖으로 걸어 나가는 모습, C이 담배꽁초를 폐지 더미 부근에 던지고 D을 따라 밖으로 나가는 모습 등이 확인된다.

C. After approximately 15 minutes after the Defendant et al. left the instant parking lot, the Defendant et al. started to extend the range of fire at the closed mar, and approximately 7 minutes thereafter, started to start up the marth from the closed mar, and the fire occurred at the home mar of the instant parking lot for the first time after approximately 10 minutes elapsed.

(hereinafter “instant fire”). D.

At the time of the instant fire, the Plaintiff’s vehicle was parked in the lower part of the instant parking lot. However, due to the instant fire, the Plaintiff’s damage was inflicted on the front light, back bridge, and tample, etc. of the Plaintiff’s vehicle.

E. The result of the investigative agency’s identification of the instant fire is as follows.

The characteristics of a cigarette fire, the fact that there was a large quantity of paper stuffs at the place where a fire occurred, the paper stuffs are highly likely to smoke by a cigarette cigarette smoking, the suspect (the defendant et al.) has not entered the fire site after smoking tobacco, and the suspect has no person enter the fire site, and the place, smoke and flame of the cigarette butts.