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1. The Plaintiff:
A. Defendant B Co., Ltd.: (a) KRW 251,213,554; and (b) from January 19, 2018 to December 11, 2018.
Reasons
1. Basic facts
A. From July 9, 2005, the Plaintiff operated a manufacturing factory of the Changwon-si from the window D of Changwon-si with the trade name of “E”.
Defendant B Co., Ltd. (hereinafter “Defendant B”) had been operating a gambling packaging factory in F, adjacent to the manufacturing factory of the above “E” from September 2003.
Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a factory fire insurance contract with Defendant B on property guarantee and fire liability security regarding the factory building, installation machinery, etc. of Defendant B.
B. On January 19, 2018, around 06:50, a fire (hereinafter “instant fire”) occurred in Defendant B’s factory in the third place (hereinafter “instant factory”), and the building of the third factory and the first factory was relocated to the factory, and the Plaintiff’s factory and installation machinery, etc., including the rash cutting machine, were destroyed because the fire was moved to the “E” factory adjacent to the first factory.
C. The Plaintiff entered into a contract with G Co., Ltd. on “E”’s factory buildings, installation machinery, facilities, etc.
G paid the Plaintiff KRW 185,142,778 in total, including KRW 50,00,000 on February 13, 2018, and KRW 135,142,778 on April 13, 2018, as damages for the instant fire.
In relation to the point and cause of the fire of this case, the Busan Research and Investigation Institute of the National Scientific Investigative Research stated the following opinions:
- The burning shape of the site is the shape where the inner part of the three plant left side and the adjacent one factory part is relatively seriously burned, and the first witness in the investigation data is identified on the upper left side of the three factory factory, and on the electric power line located on the third factory left side, the part inside the third factory left side can be limited to the launchinging point, and on the electric power line located on the upper wall located on the third factory left side of the three factory factory, a large number of electric power lines located on the upper wall located on the third factory left side of the factory.