beta
Text
1. Of the judgment of the court of first instance, KRW 580,410 against the Plaintiff and its related thereto, from July 27, 2016 to October 12, 2017.
Reasons
1.The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 4, and Eul evidence No. 1 (including each number), together with the whole purport of the pleadings:
The Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with B, which includes a fire insurance agreement that covers losses incurred by a fire, setting the insurance subject matter as KRW 205,00,000 as the insured C (B’s spouse), the insurance period from January 15, 2008 to January 15, 2023 (hereinafter “instant apartment”) and KRW 70,00,000 as the insurance coverage amount.
B. On May 17, 2016, around 11:51, 201, the instant fire occurred (hereinafter referred to as “instant fire”). A fire under subparagraph 105 of the instant apartment unit where the Defendant resides (hereinafter referred to as “instant apartment unit”).
(2) The fire site investigation report prepared by the Namyang Fire Station on the instant fire stated that “the cause of the fire is presumed to have occurred due to the fall by heating heating on the part of the code line at the Internet-type fuel among a large number of code lines posted at the wall of a ward, and the cause of the fire is presumed to have occurred.”
C. 1) Due to the instant fire, the Plaintiff paid KRW 1,934,700 to C with the insurance proceeds from the instant fire on July 26, 2016.
2. The assertion and judgment
A. The plaintiff asserted that the fire of this case occurred due to failure to manage electrical equipment or facilities of this case's apartment 105, which the defendant is residing in. Thus, the defendant is the owner and possessor of electric equipment and facilities, including computer installed in the living room of the above 105, and is responsible for the structure due to defects in installation and preservation. The plaintiff is the insured of the insurance contract of this case.