1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract for the E-vehicle owned by D (hereinafter “instant vehicle”), and the Defendant is the owner of F vehicle (hereinafter “Defendant vehicle”).

B. Around 4:30 on March 15, 2018, the instant vehicle and the Defendant’s vehicle were parked in the Busan Jin-gu G building, Busan, but a fire (hereinafter “instant fire”) occurred on the Defendant’s vehicle, thereby damaging part of the instant vehicle.

C. The fire-fighting authority which investigated the instant fire concluded that the cause of the instant fire was “many management failure of the Defendant vehicle’s fault” and “heatation due to the defect in contact with the exhaustr.”

On May 17, 2018, the Plaintiff paid a total of KRW 1,004,00,000 for the repair cost of the instant vehicle due to the instant fire.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 8, the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination, the Defendant is liable for damages caused by the instant fire, and the Plaintiff paid insurance proceeds of KRW 1,004,000 to the Defendant by subrogation pursuant to Article 682(1) of the Commercial Act.

Therefore, the Defendant is obligated to pay to the Plaintiff 1,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 18, 2018 to October 12, 2018, which is the day of delivery of a copy of the complaint of this case from May 18, 2018, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is justifiable in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.