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1. The Defendant’s KRW 63,38,913 as well as the Plaintiff’s KRW 5% per annum from November 10, 2018 to April 17, 2019.
Reasons
1. Facts of recognition;
A. On August 2, 2018, between D and D, the Plaintiff concluded a comprehensive property insurance contract (hereinafter “instant insurance contract”) that covers damage, etc. caused by fire by setting the insurance period from August 2, 2018 to August 2, 2021, with respect to the building located in the Jindo-gu, Changwon-si (hereinafter “instant building”) in the first, second and third floors G bath (hereinafter “instant bath”) and the third floors detached houses.
B. H, operating the instant bath, ordered the Defendant operating the I to remove the existing boiler installed in the underground room of the instant building and install the sub-stove boiler.
On September 4, 2018, at around 12:30, the Defendant was engaged in oxygen cutting operations to remove boilers. A fire was destroyed due to the scattering of flames into pipes heat heat in the place where no fire spreading was installed (hereinafter “instant fire”), and the fire was destroyed inside the instant building.
C. On November 9, 2018, the Plaintiff paid insurance proceeds of KRW 71,429,207 to E as stipulated in the instant insurance contract.
On the other hand, the defendant takes safety measures, such as flame retardation, etc., to prevent fire from being adhered to the combustible materials located around the workplace with heavy risk of fire as the flames and fluorries were scattered in the process of removing the boiler using the oxygen cutting machine in the process of removing the boiler, and with water or dried sand or fire extinguishers installed in the workplace, and with a duty of care to take measures, such as flame retardation, etc., to prevent the fluor from being adhered to other combustible materials. Although the defendant had a duty of care to take care of the fluor when he did not move the fluor to other things located around the workplace, the fluor was not installed in the boiler room at the first floor of the bathing ground of this case, and the fire of this case was caused by occupational negligence due to the escape from the site.