구상금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to pay shall be revoked and that part shall be revoked.
1. Basic facts
A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) with respect to D Freight Vehicles (hereinafter “Defendant Vehicles”). The Plaintiff is obligated to pay insurance proceeds when the Defendant was placed on the Defendant’s vehicle while owning, using, and managing the Defendant’s vehicle and damaged another’s property.
B. On December 6, 2017, around 18:24, a fire (hereinafter “instant fire”) occurred in the vicinity of the loading box of the Defendant’s vehicle parked in the 2nd apartment underground parking lot located in the Suwon-si, Suwon-si, which caused damage to the F vehicle that was parked adjacent to the Defendant’s vehicle (hereinafter “victim”).
C. The Plaintiff, as an insurer of the Defendant vehicle, paid KRW 975,800 as insurance money for the repair cost of the damaged vehicle until December 15, 2017.
On the other hand, according to the results of the investigation of the Gan Fire Co., Ltd. as to the fire of this case, the point of combustion appears to have been loaded on the Defendant’s vehicle, and the cause of combustion is presumed to be a fire by the Defendant’s cigarette butts, taking into account the following: (a) the Defendant, as the driver, parked the Defendant’s vehicle on the second floor parking lot; (b) the head of the CCTV was confirmed in CCTV; (c) the Defendant stated that he was a Smoking; (d) the vehicle was loaded with combustible materials, such as strings, etc.; (e) the vehicle was loaded; (e) the vehicle was open to the vehicle; (e) the vehicle could fall
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, video, purport of the whole pleadings
2. Determination:
A. Comprehensively taking account of the evidence revealed prior to the determination as to the cause of the claim, the fire of this case is presumed to have occurred from the Defendant’s loading of the Defendant’s vehicle butts.
Such an accident is unrelated to the nature or risk of the vehicle transportation means, and cannot be seen due to the defendant vehicle. Therefore, the insurance contract of this case is concluded.