1. As to KRW 112,259,096 and KRW 46,733,80 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 112,259,09,00 from July 13, 2017 to KRW 65,525,296.

1. Basic facts

A. On December 1, 2016, between D and December 1, 2021, the insured period is from December 1, 2016 to December 1, 2021, the Plaintiff: (a) determined three Dongs (F Dong, G, H Dong, hereinafter “Plaintiff warehouse”) among five boxes of the five warehouses of the ground warehouse E in Gwangju Special Metropolitan City; and (b) determined that if a fire occurs in the subject matter of insurance, the Plaintiff secured liability to compensate for the fire within the maximum of KRW 50 million each against D (hereinafter “instant insurance contract”).

Around June 23, 2017, the Defendant, in the vicinity of the Plaintiff warehouse, is managing the above site and the building by manufacturing rectangular sperm at a factory located in the JJ in Gwangju City, Gwangju, and around June 23, 2017, the Defendant and the Plaintiff warehouse were also burned the Defendant’s warehouse, where a fire occurred at a place where the Defendant loaded garbage between the Defendant’s warehouse and the Plaintiff’s warehouse, and the Plaintiff

(hereinafter “instant fire”). C.

The Plaintiff paid D KRW 122,929,463, totaling KRW 122,929,463 on September 15, 2017, as insurance proceeds from the instant fire, ① KRW 50,000,000, and ② KRW 122,929,463 on September 15, 2017.

[Grounds for recognition] The descriptions of Gap 1 through 3, 5, 6 through 7, and 13, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the fire site of this case was loaded in large quantities of inflammable materials, such as grings, tents, timber by-products, etc., which are vulnerable to fire around the defendant's factory, but the defendant did not dispose of or discard it, and the fire of this case occurred. Thus, the defendant is liable to compensate for damages caused by the fire of this case pursuant to Article 750 of the Civil Act or Article 758 (1) of the Civil Act, and the plaintiff acquired the damage claim against D by subrogation within the scope of insurance money paid to D pursuant to Article 682 of the Commercial Act.

In this regard, the Defendant is not a structure that appears to have caused the instant fire, but it is not accurately revealed the cause of the instant fire.