구상금
The part against the defendant among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
(b) actions;
1. Basic facts
A. The Plaintiff is an automobile insurance company for C Motor Vehicle (hereinafter “Plaintiff”) and the Defendant is the owner of Yangcheon-gu Seoul Metropolitan Government D Land and its ground “E building” (hereinafter “instant building”).
B. On July 5, 2019, around 17:54, a fire was partially destroyed in the vicinity of a place where recyclables, such as a paper stuff, located in a space between the outer wall of the instant building and the outer wall of the nearby Fransh (hereinafter “instant fire”), and the Plaintiff’s vehicle parked in the parking beta was partially destroyed.
C. On February 4, 2020, the Plaintiff paid KRW 1,756,000 (=total amount of damages 2,194,000 - Self-Payment KRW 438,000) to the owner of the Plaintiff’s vehicle under a special agreement on the security for self-vehicle damage.
The outline of the place where the fire of this case occurred is as follows:
On the other hand, the place where the instant fire occurred (a space between parking ground and outer walls) belongs to the land owned by the Defendant.
F
E. The main contents of the fire site inspection report prepared by the deputy fire fighting unit in relation to the instant fire are as follows.
When comprehensively considering the statements made by the persons concerned, the burning form of combustible materials, etc., it is presumed that the first being launched in the combustible materials located in the space between the outer wall of the first floor and the F outer wall of the building in this case, and the first being burned out in the outer wall of the building in front of parking at the upper floor, FOB, and the direction of the container office. The cause of fire - The human corrosion factors of the fire are presumed to have been burned out of the upper floor, FOB, and the direction of the container office at any time: the person concerned with the building and the surrounding area. The surrounding area of B adjacent to the presumed point of combustion are two separate persons who have been present at the front of the metal materials and the front door of the metal materials to be used. The space between the outer wall and the FOB wall of the building in front of the height of the outer wall of the building in front of it is difficult to smoke directly from the outer wall, but it is on the upper part of the outer wall.