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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that entered into a fire insurance with respect to movable property, facilities, and fixtures in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”), and movable property, facilities, and fixtures in the first underground floor during the insurance period from April 26, 2013 to April 26, 2016. Defendant A resided in the third floor and 301 (hereinafter “instant building”) on the ground of the instant building (hereinafter “instant 301”); Defendant B was a person who jointly occupied the instant building by living together with Defendant A and the instant 301.
B. On September 28, 2014, around 19:23, the instant fire (hereinafter referred to as “instant fire”) occurred, and due to the fire extinguishing water that could have been killed in the event of a fire, flood damages occurred to the movables, facilities, and collection fixtures stored in the 1st floor clothes warehouse of the instant building, and the Plaintiff paid C the amount of KRW 102,974,381 on November 24, 2014 as insurance proceeds.
C. As to the instant fire, the Yongsan Fire Station, the Yongsan Police Station, and the Electric Safety Corporation concluded the following investigations:
1) The fire fighting gate (Evidence A) is presumed to be a fire by a dlelight, which has been taken place by leaving the candlelight in the front before the occurrence of the fire, by neglecting the candlelight, etc., and is presumed to be a fire by a dlelight. 2) The fire fighting gate in Seoul Yongsan Police Station (No. 2) Nos. 1, 2, and 3 (the area marking is the same as the attached drawing; hereinafter the same shall apply) of Yongsan Police Station (A) of Seoul Yongsan Police Station (hereinafter referred to as "B") is closely formed than Zone No. 1, 1, and the height of the dlelight in the inner door is more closely formed than Zone No. 3; the slelic, formed under the inner door mold, is proceeding in Zone No. 3; the windows that the window direction of the windows flowing into the same air in the inner river is spreading to the wall, and the wall spreading is presumed to have been spread as the burning area in Zone No. 1, 2.