beta
Text
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 entered into a fire insurance contract with the council of occupants’ representatives of the instant apartment (hereinafter “instant insurance contract”) with respect to B apartment in Jinju-si (hereinafter “instant apartment”), and without separately stating the insured, set the insurance period from March 3, 2012 to March 16:00, and set the insurance amount as KRW 198,856,320,000.
B. Around September 28, 2010, the Defendant entered into a LIG livelihood security insurance contract with C, and set the insurance period from September 28, 2010 to September 28, 2068, the insurance contract is a content that compensates the insured for the damages incurred by the insured’s burden of statutory liability for physical disability or property damage caused by an unexpected accident that occurred during the ownership, use, management, or daily life of his/her house.
C. On October 5, 2013, the above C and D were married, and E were children between two, and around 1:35, E was parked in the passage part of the 114th floor of the instant apartment complex, and a fire was caused by attaching a string with a stringer (hereinafter “the instant fire”) to the 114th floor of the instant apartment complex. Accordingly, the said passage part was narrow, and 58 households, including the section for common use, suffered damage to the building and the strings.
Under the instant insurance contract, the Plaintiff paid KRW 511,709,198 as damages incurred by the instant fire.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 6, 7, 10 (including provisional number), and Eul evidence No. 1
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion that the instant fire occurred due to D’s neglect of supervision over D’s E, and D bears the liability for damages caused by joint tort along with D, and the Plaintiff paid the insurance money caused by the instant fire under the insurance contract, which is within the scope of the insurance money paid in accordance with Article 682 of the Commercial Act.