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1. The defendant's petition for retrial is dismissed;
2. The costs of retrial shall be borne by the defendant.
Reasons
Basic Facts
The Co., Ltd. (hereinafter “C”) concluded a fire insurance contract and entered into a comprehensive business safety insurance contract with the Plaintiff on October 5, 2004 with respect to the instant machinery and inventory assets (hereinafter “instant machinery”) located in the same unit fire marine insurance company (hereinafter “Dong fire”). On March 31, 2004, the Defendant concluded a comprehensive business safety insurance contract with the period of insurance from October 16, 2004 to October 16, 2007, with respect to the instant building as to the instant construction and inventory assets.
On October 8, 2004, at around 21:25, a fire that was not revealed as the cause of the instant building occurred (hereinafter “instant fire accident”), and inventory such as the instant building and the instant machinery, the relevant finished products, etc. were destroyed.
C immediately after the occurrence of the instant fire accident, notified the same part of the fire, and the internationalized disaster damage assessment (hereinafter “international damage assessment”) delegated by the same part of the fire was conducted by C from October 13, 2004 to investigate C’s employees and on-site inspection.
On the other hand, C removed the instant building on March 15, 2005, which was after the completion of all investigations at the relevant authorities, and on March 24, 2005, the International Damage A filed a petition with the investigative agency by asserting that the instant fire accident was caused by D’s fire-prevention, the representative director of C. The Cheongju District Prosecutors’ Office, which was presented on October 27, 2005, was difficult to recognize that the respondent intentionally committed fire for the purpose of receiving insurance money by directly or by ordering the employees, and otherwise, disposed of D on the grounds that there is no evidence to acknowledge the charge of the respondent’s crime.
The transfer of insurance claim C is about October 14, 2004. The instant machinery and inventory assets to the Plaintiff.