beta
(영문) 서울중앙지방법원 2019.07.02 2018나30251 (1)

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an insurance contract under which the Plaintiff would compensate for losses, such as fire, household appliances, property, and other losses (hereinafter “instant insurance contract”) with respect to the 2nd floor reinforced concrete building on the ground located in Gurisisisi (hereinafter “E building”), and the Defendant is the owner of 297 square meters of sandd position panel warehouse (hereinafter “instant building”), which is the front building of the said E building, and H is from June 1, 2016 to use the instant building as a warehouse of this article, etc. from the Defendant to lease it from the Defendant.

B. On October 28, 2017, at around 15:27, a fire first emitted from electric wires connected to air conditioners located in the instant building (hereinafter “instant fire”) due to electrical factors (e.g., presumption of electrical isolation), was partially destroyed by the windows, etc. of the instant building located in the neighboring area.

(hereinafter “instant damage”). C.

The Plaintiff paid insurance money of KRW 13,828,179 to C on December 4, 2017 according to the instant insurance contract.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion that the building of this case was installed as a sandd position panel, which is inflammable material, and the fire of this case caused the spread of the fire of this case, and the fire of this case is destroyed by fire of e.g., the E., building building of this case. Thus, the defendant, the owner of the building of this case, is liable to compensate for damages caused by defects in the installation and preservation of the structure under the proviso of Article 758 (1) of the Civil Act. Therefore, the defendant is liable to pay the plaintiff the indemnity amount equivalent to KRW 13,828,179 and the delay damages compensation amount to the defendant who subrogated to the right to claim damages against the defendant of this case

The plaintiff stated in the complaint of this case as the defendant's assertion of general tort liability under Article 750 of the Civil Act, but thereafter, the plaintiff's assertion.