구상금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Defendant is the owner of building D Dong and E in the warehouse located in the wife population C, and F Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) is a corporation that leased the above E from the Defendant, and G is the lessee of the above Dong from the Defendant.
On July 19, 2018, around 03:51 around 03:51, the cause of the fire in the above E Dong, which occurred, and was parked in the vicinity of the above D Dong with the length of the fire until the above D Dong.
G A fire accident (hereinafter “the instant fire accident”) that occurred on the part of HW wing winged vehicles (hereinafter “instant vehicle”).
On November 27, 2018, the Plaintiff entered into an automobile insurance contract with G with respect to the instant vehicle, paid KRW 60,300,000 insurance money to G in relation to the instant fire accident.
On September 9, 2019, the Plaintiff was negligent in performing its duty of care to safely manage the Dong as the tenant and occupant of the above E company with the consent of the non-party company in order to prevent the instant fire accident. Since there was a defect in preservation in the above E-dong, the non-party company is obligated to compensate for the damages suffered by G due to the instant fire accident pursuant to Article 750 or 758 of the Civil Act.
The non-party company was not negligent in the management of the above E and did not neglect due care necessary for the prevention of the fire accident of this case.
In light of the above E-owner, the Defendant, as the owner of the structure, is obligated to compensate for the damages incurred by G due to the instant fire accident pursuant to the proviso of Article 758(1) of the Civil Act.
The Plaintiff filed a lawsuit of this case claiming that the non-party company is the primary defendant, the defendant as the preliminary defendant, and the amount of the above insurance money, by asserting that the Plaintiff paid insurance money to the insured G, and that G acquired the claim for damages against the non-party company or the defendant on behalf of the non-party company or the defendant.
On May 13, 2020, this Court held that the plaintiff and the non-party company "the non-party company shall pay 60,300,000 won to the plaintiff and it from November 28, 2018.