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1. Defendant Hyundai Marine Fire Insurance Co., Ltd.: KRW 41,598,779 for the Plaintiff and its related amount from October 24, 2015 to October 2017.
Reasons
1. Basic facts
A. On September 12, 2015, around 05:43, a fire occurred in a restaurant of the first floor of the second floor located in Gangnam-gu Seoul (hereinafter “instant building”) located in Gangnam-gu, Seoul (hereinafter “Seoul Gangnam-gu”), causing damage to other restaurants of the first floor of the instant building and the facilities of the second floor of the E, “F” restaurant of the second floor of the instant building and the second floor of the E, thereby causing damage to the facilities, equipment, etc.
B. The relation 1) The Plaintiff is an insurer that entered into an insurance contract with D, G, and H, which operated the F, to compensate for the damage caused by fire in the part of the building. (2) Defendant Mmerz fire marine insurance company is an insurer that entered into an insurance contract that guarantees liability for damages caused by fire with I, which is the operator of the Plaintiff.
Defendant Hyundai Marine Fire Insurance Co., Ltd. is an insurer who entered into an insurance contract with K operating a restaurant on the second floor of the instant building, which guarantees liability for damages due to fire.
3) The Plaintiff’s Intervenor is the lessor of C and J stores as the owner of the entire building of this case. C. The Plaintiff paid KRW 28,206,140 on October 23, 2015 to G that suffered from a fire, and KRW 41,598,779 on September 25, 2015 to H, a total of KRW 13,392,639, respectively, and paid KRW 41,598,79 on September 25, 2015 to H.
2. The key fire of the Plaintiff’s and the Plaintiff’s Intervenor’s assertion was the fire that the main fire began in the power distribution team installed in the main room of the first floor C of the instant building, and that the water leakage leakage from the second floor J is all the part of the water distribution system, and that the fire was the cause of the fire.
Therefore, I, as a building occupant, should compensate for fire damage caused by the defect in the power distribution team, and from the second floor, K is not exempt from the responsibility for the structure that causes water leakage.
This I and K should compensate for damages caused by fire as joint tortfeasor.