구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is an insurer who entered into a comprehensive property insurance contract (hereinafter referred to as the “instant insurance contract”) with Pyeongtaek-dong Pharmaceutical Co., Ltd. (hereinafter referred to as “Gwandong Pharmaceutical Co., Ltd.”), setting the insurance period from December 28, 2013 to December 28, 2014; and setting the insurance amount as KRW 27,632,979,194 as the insurance amount as KRW 27,632,979,194.
On December 16, 2013, the Defendant entered into a contract for the construction of a liquid manufacturing plant (hereinafter “instant construction contract”) with the Gwangjudong Medicine, and thereafter, performed the work of manufacturing a preparation tank in the instant building from around that time.
On April 6, 2014, around 10:30 on April 6, 2014, the Defendant’s employees: (a) a fire occurred while the instant building was being melted to block water leakage on the second floor; and (b) a fire was destroyed by a fire of approximately KRW 173 square meters on the second floor in operation of the instant building.
(hereinafter “instant fire accident”). On July 31, 2014, the Plaintiff paid KRW 375,997,098 of the insurance proceeds from the instant fire accident to the luminous medication.
【Ground of recognition】 The fact that there has been no dispute, A1 through 9, and the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion that the fire accident of this case occurred while the defendant's employees Gap and Eul et al. were in contact work. Thus, the defendant is liable to the employer under Article 756 of the Civil Act for the fire accident of this case.
The fire accident of this case is caused by the luminous medication and the defendant's joint tort, and the defendant's negligence is 80%.
Therefore, the defendant is obligated to pay the insurance proceeds to the plaintiff who acquired the right to claim damages by subrogation pursuant to Article 682 of the Commercial Act (=300,797,678 won) and the damages incurred therefrom (=375,97,098 won x 0.8).
B. In full view of the following facts and circumstances admitted prior to the determination, the instant fire accident occurred, taking into account the evidence and witness A and C’s testimony, as a whole, the purport of the entire pleadings: