1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On August 5, 2013, the Plaintiff entered into a housing fire insurance contract with the Plaintiff with respect to the instant 183 household units of B lending on the land (hereinafter “the instant Ba”) located outside of A. 30 parcel of land, with the insurance coverage period from August 13, 2013 to August 16:0, 13, 2014; 6.5 billion won (Gagdo 1.86 billion won; 31 Dong 183 building totaled to KRW 4.650 million).

B. A fire on August 25, 2013 (hereinafter “the instant fire”) occurred from 10-dong 302 (hereinafter “the instant fire loan”) owned and possessed by D. As a result, the Plaintiff paid KRW 40,722,059 to all the households that suffered from the instant fire as insurance proceeds. Of the said insurance proceeds, D was paid KRW 23,554,532 (building damage amounting to KRW 13,390,598 and KRW 10,163,934) out of the said insurance proceeds.

C. On the other hand, on April 23, 2007, D purchased an insurance policy with respect to the duty to compensate for the substitute during the daily life between the Defendant and his family members within the insurance period of KRW 100 million from April 23, 2007 to April 23, 2052.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that D had subrogated acquired the right to claim damages against the Defendant, a liability insurer of D and D, on the premise that D was liable for the instant fire, and sought payment of KRW 17,167,527 (the insured amount paid by D - KRW 40,72,059 - the insured amount paid to D 23,554,532) to the Defendant.

B. In light of the above, subrogation of the insurer under Article 682 of the Commercial Act is a system where the insurer who paid the insured amount acquires the right of the policyholder or the insured to the third party where the loss caused by an insured event occurred due to the act of the policyholder or the third party, and thus, the person who caused an insured accident under the interpretation of the insurance contract