구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. On August 2011, the Japan Unemployment Co., Ltd. (hereinafter “Japan Unemployment”) leased Nos. 1009 and 1010 (hereinafter “instant store”) to the Defendant, Jung-gu, Jung-gu, Seoul (hereinafter “instant building”).
B. On August 2012, the Defendant concluded a loan agreement on the instant store with Es. S. S. Co., Ltd. (hereinafter “Es.”), and from that time, Es. occupied and used the instant store.
C. On November 9, 2013, He concluded a fire insurance contract with the Plaintiff regarding the instant building.
On November 24, 2013, at the instant store around 11:00, the cause of the fire was unknown at the instant store (hereinafter “instant fire”), and the Plaintiff paid the insurance money for the damage caused by the instant fire as the insurer of the interesting unemployment.
[Reasons for Recognition] Evidence Nos. 1-1, 2, and 2-23, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant fire occurred because the Defendant, the occupant of the instant store, violated the duty to safely manage the instant store and prevent the fire, and the Defendant is liable to compensate for the damages caused by the instant fire pursuant to Articles 758 and 750 of the Civil Act.
Since the plaintiff, who is the insurer of the Heung Employment, paid the insurance money for the damage caused by the fire of this case, the defendant is obligated to claim the insurance money to the plaintiff in accordance with the insurer subrogation doctrine.
B. (1) In a case where the possessor of a structure, in accordance with Article 758 of the Civil Code, damages to another person due to the existence of liability for the possessor of the structure or the defect in the installation or the preservation of the structure, if the possession of the structure belongs to an agency, the direct possessor is liable for the primary liability, and the direct possessor does not neglect to pay due attention necessary for the prevention of damages.