서울중앙지방법원 2020.01.13 2019가단5232898



1. The Defendant shall, within the scope of the property inherited from the network E, pay back KRW 35,882,308 to the Plaintiff and its related costs on January 2019.


The Plaintiff entered into a G insurance contract (hereinafter “instant contract”) with F around January 12, 2017, and E around September 28, 2018, around 20:05, around the first floor of the building located in H in the Gun of Busan-si, the Plaintiff paid KRW 35,882,308 of insurance money to the insured on January 4, 2019, and E died on September 28, 2018, and the Defendant, the heir of E, was adjudicated to accept a report of re-approval inherited under the Jeonju District Court Branch of 2018Ra653 on November 13, 2018, or the Plaintiff did not dispute between the parties, or may recognize the purport of the entire pleadings by comprehensively taking into account the descriptions in subparagraphs 1 through 6.

According to the above facts, since the above fire occurred due to the fire of E, E is liable for compensation for the above damage as a tort, and the plaintiff may subrogate it.

Therefore, the Defendant, a heir of E, is obligated to pay 35,82,308 won of insurance proceeds paid by the Plaintiff to the Plaintiff within the scope of inherited property from E, and 5% per annum under the Civil Act from January 5, 2019 to October 14, 2019 from the day following the day on which the Plaintiff paid insurance proceeds to the Plaintiff, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.