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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(1) On December 9, 2010, the instant building was owned by the Defendant. On December 9, 2010, the Defendant leased the said land and building at KRW 1.5 billion to Mazzzzzzine Co., Ltd. and KRW 40 million until December 31, 2013, and the monthly rental fee is KRW 1.5 billion. One of the above buildings, a stock company, whose lease contract was explicitly renewed, purchases and sells used cars in some of the above buildings, and a part of the building was sub-leaseed to several used cars, etc.
D. On April 3, 2015, around 01:53, a vehicle with a large amount of 567 vehicles parked on the 1st, 2, 3, and 3rd floor (hereinafter “instant fire”) and parked on the 1st, 2, and 3rd floor of the instant building, which was parked due to a fire in the instant building (hereinafter “instant vehicle”).
Secondly, the Plaintiff entered into an automobile comprehensive insurance contract with C with respect to the instant vehicle, and paid C totaling KRW 50,330,000 from October 21, 2015 to October 29, 2015 with the insurance proceeds from the instant fire.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 2, Eul evidence 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. In light of the following: (a) the instant building frequently occurred prior to the occurrence of the instant fire, water leakage and water leakage occurred; (b) the date of the instant fire was abandoned; and (c) there were no circumstances suspected of fire-prevention; and (d) the instant fire was caused by the defect in the construction and preservation of the instant building; and (b) the Defendant, the possessor and the owner of the instant building, shall compensate for the damages caused by the instant fire.
Therefore, the defendant paid insurance money due to this fire to the plaintiff who is the insurer subrogated C, which is the defendant's fault, 35,231,000 won (50,330,000 won x 70%) and damages for delay.