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1. The Defendant’s KRW 18,603,714 as well as 5% per annum from August 2, 2013 to November 4, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with B as follows:
Insurance types: Insured without dividends: B insurance coverage period from June 13, 2013 to June 13, 2018: Seo-gu Incheon Metropolitan Government (hereinafter referred to as "Inducheon-gu D") : Buildings, machinery, office fixtures, inventory assets, inventory assets:
B. On July 1, 2013, the Defendant requested B to put up a day of plastic scrap scrapers. From around 20:30 on July 1, 2013, the Defendant had been engaged in blade shocking work in the E-factory located in Seo-gu Incheon, Seo-gu, Incheon. At around 22:36 on the same day, a fire (hereinafter referred to as “the fire in this case”) occurred with the spulverization and the roof of the workplace.
C. Until August 1, 2013, the Plaintiff paid KRW 74,414,859 of the insurance proceeds under the instant insurance contract to B.
[Ground of recognition] Facts without dispute, Gap evidence 2 to Gap evidence 6, whole purport of pleading
2. Determination:
A. The Defendant is obliged to perform melting work with due care to prevent fire from sponsing fire, as the sponsing fire may occur while sponsing fire, and thus the Defendant is obliged to do so.
Since the Defendant’s failure to perform such duty of care is recognized to have caused the instant fire, the Defendant is liable to compensate for damages caused by the instant fire to B.
Since the Plaintiff paid the insurance money under the instant insurance contract to B and compensate for the damages caused by fire, the Defendant is obligated to pay the Plaintiff the amount equivalent to the insurance money pursuant to Article 682 of the Commercial Act.
B. According to Article 3 of the Act on the Liability for Limitation of Liability, if the loss is not caused by gross negligence, the person liable for damages resulting therefrom shall reduce the amount of damages to the court.