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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as an insurer, concluded a fire insurance contract with the non-party company B (hereinafter only referred to as the non-party company), the building on the ground C in Daegu-gu (hereinafter only referred to as the “instant building”) and its accessory facilities as the insured.
B. On May 30, 2014, the Defendant leased the first floor among the instant buildings from Nonparty Company and sold lighting fixtures, etc. with the trade name D, and leased the second floor among the instant buildings on May 30, 2014 and used it as the warehouse of the said D.
C. On September 9, 2015, around 02:07, the second floor of the instant building caused an unidentified fire (only the instant fire) and the Plaintiff paid KRW 32,670,180 to the Nonparty Company on November 25, 2015.
[Ground for recognition] Unsatisfy
2. The plaintiff asserted that "the defendant has a duty to manage the building of this case as a lessee who has neglected to perform his duty of due care as a good manager, and thus has caused damage to the non-party company, and the plaintiff has paid the above insurance money to the non-party company in relation to the fire of this case. The plaintiff has subrogatedly acquired the right to claim compensation for damages against the defendant of the non-party company pursuant to Article 682 of the Commercial Act, and thus has sought payment of the above insurance money to the defendant." Accordingly, the defendant asserted that "the fire of this case was caused by the heat on the inner line and electric power lines inside the 2th,000,000, and the internal line of the family was done safety management by the non-party company which is the owner of the building of this case, and the defendant has fulfilled his duty of due care as a good manager in using or managing the second floor of this case."
3. First of all, the report on the fire site by the police station in the Daegu of the evidence No. 1 of this subparagraph and the appraisal by the National Institute of Scientific Investigation on the legal assessment of the said report.