1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On February 7, 2018, the Plaintiff is an insurance company running non-life insurance business, etc., and is an insurer which entered into the E insurance contract with D on February 7, 2018.

On November 28, 2018, KRW 130,00,000, and KRW 176,998,745 on December 28, 2018, respectively, were paid as insurance money for damages suffered D due to fire in this paragraph.

B. On September 23, 2018, around 15:30, an accident was destroyed by fire by the H Parts Agency building (hereinafter “instant building”) adjacent to the parking lot of the G “G” restaurant located in Seoyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant restaurant”).

(hereinafter “instant fire”). C.

At the parking lot of the instant restaurant immediately before the instant fire, the Defendant: (a) laid cigarette butt around a paper box near the instant building without completely extinguishing the cigarette, and (b) laid the cigarette butts around the paper box, and (c) moved the shot to the above species due to negligence while driving the vehicle at the scene; and (d) again, the Defendant was prosecuted for having the instant building spread to the entire building.

On December 19, 2019, the court of first instance acquitted the Defendant on the ground that “it is difficult to view that the evidence alone submitted by the prosecutor was left near the paper box, or that the fire in this case was destroyed by a shot shot shot shot shot shot shot shot shot shot shot shots, as indicated in the facts charged, without any reasonable doubt, to prove that the fire in this case occurred.”

(J) On October 30, 2020, the appellate court rendered a judgment dismissing the appeal on October 30, 2020 (the appellate court 2020No51 case) and the above judgment became final and conclusive around that time. (The appellate court 2020No51 case)

[Reasons for Recognition] Items A, 1, 2, 3, and Nos. 1, 2, and 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the fire of this case occurred by treating the Plaintiff’s right holder as a matter of course.