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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The relationship between the parties and each insurance contract 1) C is a building in Gyeyang-gu E (hereinafter “instant building”) in Gyeyang-gu (hereinafter “instant building”) between D and D on September 6, 2015.
2) 6th 6th 6th 6th 6th 6th 200
(2) From October 6, 2015 to November 6, 2018, the term of lease was set at KRW 500 million, KRW 50 million, KRW 12 million, and KRW 12 million, and around that time, D entered into a general fire-fighting mutual aid agreement (hereinafter referred to as “Plaintiff’s insurance agreement”) with the Plaintiff on September 18, 2017 with respect to the instant cartel building and its accessory facilities by setting the insurance period from September 23, 2017 to September 23, 2018, with the purport that the Plaintiff would compensate for losses arising from the instant cartel due to an accident during the insurance period, etc.
3) On December 10, 2017, C between the Defendant and the Defendant, with respect to the facility (including interior works) and the collection fixtures within the instant apartment complex, the insurance period from December 10, 2017 to December 10, 2018; the insured Gel, facility (including interior works); the insured Gel, facility (including interior works); the insurance amount of KRW 300 million; and the insurance amount of the house-to-house fire damage cover KRW 30 million; and the H contract subject to a special agreement for the manager of the facility and the lessee’s liability for damages (hereinafter “Defendant insurance contract”).
B. Around March 12, 2018, around 15:57, a fire occurred on the 7th floor of the instant building, resulting in a loss, such as loss, noise, contamination, and fire-fighting loss, on the part of the interior, incidental facilities, business facilities, and house fixtures, etc. of the instant cartel.
(hereinafter “the instant fire”). 2 The Plaintiff, on June 21, 2018, paid KRW 331,448,267 to D with the insurance proceeds of the instant her mother, according to the Plaintiff’s insurance contract, and the Defendant paid to C on August 3, 2018 in accordance with the Defendant’s insurance contract.