Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 4, 2019, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”) with respect to the second floor E on the ground (hereinafter “Plaintiff”) owned D, setting the insurance coverage amount of KRW 90,000,000, and the insurance coverage period from January 6, 2019 to January 6, 2020, with respect to the building of KRW 90,000,000, and the F has operated the business lines of “G” by leasing one floor among the Plaintiff’s buildings from D.
B. The Defendant has operated a factory that manufactures plastic products in the name of J, “J” by leasing a building of the first floor (hereinafter “instant factory operation”) and a temporary building (hereinafter “instant tent,” and collectively “Defendant’s building” in the instant factory operation and tent operation, which is adjacent to the Plaintiff’s building, from Class I to Class I.
C. However, around 16:05 on May 12, 2019, a fire was destroyed from the outside between the Plaintiff’s building and the Defendant’s building (hereinafter “instant fire”) and a part of the Defendant’s building was destroyed, and a part of the outer wall attached to the Plaintiff’s building and the household fixtures on the building were destroyed.
J G JJ's decision-making site and CCTV analysis results are comprehensively examined, and the site is confirmed to be outside the factory operation of this case adjacent to the Plaintiff's building, and it is presumed to be a fire being burned out with the movement of the instant tent and factory operation and the Plaintiff's outer wall of the adjacent Plaintiff's building in the vicinity of the instant tent. Fire causes review - fire possibility: The outer space of the factory operation of this case presumed to be a place of combustion is confirmed to be open to the outside of the building of the Defendant's building or the adjacent Plaintiff's building that could have free access from the outside. However, as a result of the CCTV analysis, the direction of the factory operation of this case is not confirmed by the outside person's scamsing of the above factors and the characteristics related to fire prevention, such as oil, etc., are not identified.