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1. The Defendant’s KRW 194,737,628 as well as 5% per annum from June 23, 2016 to April 5, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The non-party C&C Co., Ltd. (hereinafter “non-party C&C”) is the owner of the plant building located in 1199-5, Sung-dong, Sung-dong, Sung-dong, Sungsan-dong, and the Defendant Company is the owner of the plant building located in 1199-7, which is the manufacturer of cosmetics and pharmaceutical materials.
B. On September 23, 2015, the non-party company entered into the instant insurance contract with the Plaintiff (hereinafter referred to as “the instant insurance contract”) with the following content. - Insurance types: MG Property Comprehensive Insurance (PACKAE - policyholders and insured: Non-party company: the location of non-party company: 1199-5- insurance period from September 23, 2015 to September 23, 2016 - the insurance amount: 12,532,441,00 won: Buildings, machinery, inventory assets, structures, vehicle transport equipment:
C. On May 20, 2016, the Defendant Company moved fire to the factory building of an adjacent non-party company due to the occurrence of fire around 23:21, from the materials storage in the above factory building (hereinafter “instant materials warehouse”).
(hereinafter “instant fire”). D.
As a result, it destroyed the factory buildings and machinery of the non-party company, the original parts, structures (a tent warehouse), and office fixtures of the non-party company.
E. Under the instant insurance contract, the Plaintiff paid KRW 380,594,206,206,000,000,000,000 won as insurance money in relation to the damages incurred to the factory buildings, etc. of the non-party company due to the instant fire, etc. of the non-party company on June 22, 2016, and KRW 126,040,183 on August 16, 2016, and KRW 54,554,023 on October 28, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 4, the purport of the whole pleadings
2. Summary of the parties' arguments
A. Since the fire of this case occurred by the electrical elements of the factory building of the defendant company, the defendant company is liable for damages as the possessor or owner of the factory building of the defendant company, which is a structure.
The plaintiff.