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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 is an insurer who has concluded each automobile insurance contract with respect to the vehicles B and C with the insurance period from October 30, 2014 to October 30, 2015, with respect to the vehicles D and E, with the insurance period from February 19, 2014 to February 10, 2015.
B. On December 22, 2014, around 22:08, each of the above vehicles owned B and D, which were parked in the said parking lot, was destroyed by fire within the building of the Gamatete Total Location Panel (hereinafter “instant building”) located in the Defendant’s located in Ansan-gu, Mayang-si (hereinafter “instant building”) and was parked in the adjacent public parking lot (hereinafter “instant fire”).
C. On December 22, 2014, the Plaintiff paid KRW 12,658,100,000, respectively, to B and D as insurance money for the damage incurred due to the instant fire.
[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 5, and purport of whole pleading
2. The Plaintiff asserted that the Defendant: (a) was a person who occupies and owns the instant building where the instant fire occurred and caused damage to B and D by placing inflammable substances, such as carpets or other inflammable substances, and by taking protective measures to prevent the occurrence of a fire; (b) neglecting the duty of care to minimize damage caused by a fire in the event of a fire; (c) neglecting to enter the instant building; (d) neglecting to make the general public access due to the failure to properly protect the fire; and (e) placing them in a warehouse eropos, such as pets, shoess, shoess, and eropos, etc. on a adjacent house; and (e) causing damage to B and D, under Article 758(1) of the Civil Act, the Defendant is liable to compensate B and D for damage caused by the instant fire.
Since the Plaintiff paid KRW 26,368,100 to B and D the total sum of the insurance proceeds, and acquired by subrogation the right to claim damages against the Defendant, the Defendant will eventually be the Plaintiff.