구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On the premise that there is no dispute, B is the owner of the building located in Ilyang-gu Seoul Metropolitan City, and D is the person operating metal processing enterprises by leasing the Mdong building among the above buildings, and the Defendant, as the lessee of the Ddong building (hereinafter “instant warehouse”), was used as a food warehouse of “E” from August 24, 2016.
The Plaintiff entered into a fire insurance contract with D using the same building and facilities, etc. as the subject matter of insurance between D and B, and concluded a fire insurance contract with regard to the same Madong building as well as the two different buildings located in the same lot number.
On June 2, 2017, at around 05:51, an accident occurred in the instant warehouse where a fire, which caused the combustion, occurred, such as a multi-dong and marina building and facilities inside the same building.
The Plaintiff, as an insurer, as the insurer of D, KRW 20,000,000 on July 27, 2017;
8. 23,728,620 won shall be paid respectively to B;
9.7.9,627,382 Won and 38,928,508 Won;
9. 8. 16,045,636 won paid in total as insurance money.
2. The plaintiff asserts that the fire of this case occurred due to the defendant's mistake that did not have fire extinguishing facilities, such as fire alarm devices or sprinklerr, while keeping large amounts of inflammable oil while lodging in the warehouse of this case. Thus, the defendant is liable for damages as the possessor or lessee of the warehouse of this case.
First, in light of the overall purport of the pleadings, the Defendant is not a nominal holder, and the substantial possessor of the warehouse of this case is recognized as having been the F. Therefore, the Defendant cannot be held liable as a possessor for the instant fire.
In addition, the reason alleged by the Plaintiff alone is that the Defendant provided the cause of fire in violation of the duty to preserve and manage the warehouse of this case.