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1. The Defendants jointly share KRW 15,844,879 with respect to the Plaintiff, and 5% per annum from November 5, 2015 to February 23, 2018.
Reasons
1. Basic facts
A. B between September 16, 2014 and B, the Plaintiff is an insurer that entered into an insurance contract for a comprehensive business number with the content that B shall pay insurance proceeds for dangerous accidents, such as fire, etc. to the facilities and equipment of the Diplomatic Department (hereinafter referred to as “D Council members”) operated by Daehan-gu (hereinafter referred to as “instant building”) on the fourth floor of the 12th floor of the building in Gwangju-gu, Seo-gu (hereinafter referred to as “instant building”), with the insurance period fixed from September 16, 2014 to September 16, 2015, and as the insured D Council members.
The Defendant A Co., Ltd. (hereinafter “Defendant A”) is the owner of the instant building and the lessor of D, and the Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai”) is the insurer who entered into a hybrid insurance contract with the Defendant, which includes the content that the Defendant would pay insurance money to a third party, including the lessee, in holding and managing the instant building.
B. On July 15, 2015, around 20:00, the instant building caused a fire due to a fire on the ceiling of the entrance door of the fifth floor, the section for common use among the instant buildings, and caused an accident in which D’s ceiling, walls, floors, etc. located on the fourth floor (hereinafter “instant fire”) and the instant accident occurred due to the fire-fighting water that was sworn in the process of extinguishing the fire, the Plaintiff paid KRW 29,128,146, insurance money to D’s members (B), the insured, the insured on November 5, 2015.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff 1’s fire, as alleged in the ground of appeal, was caused by electrical heat from the ceiling of the entrance door of the fifth floor, the section for common use, and was affected by the fire-fighting frequency D, used in the process of extinguishing the fire. The Defendant A breached the duty to maintain the state necessary for the use and profit as the lessor of the Plaintiff, and is the owner and the occupant of the instant building, the fifth floor, the section for common use.