(영문) 부산지방법원 2020.04.23 2019나49014

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(영문) 부산지방법원 2020.04.23 2019나49014

구상금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an “E insurance” (hereinafter “instant insurance”) with Nonparty C, the insured C, and the insurance period from August 11, 2017 to August 11, 2020, including the entire building located in Ulsan-gu, Ulsan-gu (hereinafter “instant building”) to ensure that the subject matter of insurance is damaged by fire.

B. On October 24, 2017, the Defendant entered into a lease agreement with F, the owner of the instant building, and the part of the first floor of the instant building. On November 10, 2017, the Defendant operated a restaurant with the name of “G” (hereinafter “instant restaurant”) with the name of “G” after receiving the leased part and completing the interior construction.

C. However, around 17:50 on December 12, 2017, a fire (hereinafter “instant fire”) occurred in the instant restaurant, and the simple storage, etc. located behind the instant restaurant was destroyed.

On May 23, 2018, pursuant to the above insurance contract, the Plaintiff paid KRW 1,518,034 to the Defendant (the Defendant directly repaired the instant restaurant part and was delegated by F for the receipt of the premium for the said part) with the insurance proceeds from the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff did not prove that the defendant fulfilled his duty to preserve the leased object against the fire of the building of this case to F, a lessor, is liable for damages caused by nonperformance of the duty to return the leased object, or for damages caused by the defect in the installation and preservation of the structure, and the plaintiff paid insurance money to F, a lessor (the defendant's receipt instead), thereby acquiring the damage claim against F, and the defendant is liable to pay 1,518,034 won equivalent to the insurance money to the plaintiff.

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