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The defendant's KRW 29,801,301 as well as 5% per annum from April 3, 2020 to December 16, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a corporation established for the purpose of the overall management, etc. of the above market building (hereinafter “instant building”) by designating the owners of land and buildings in the Seoul Jung-gu D market as its shareholders. The Plaintiff is an insurer who entered into a comprehensive property insurance contract that covers the property damage, etc. caused by fire, setting the insurance period from August 23, 2019 to August 23, 202 with respect to inventory goods, etc. kept inside the Fho Lake shop located in the 7th floor of the instant building, and its stores.
B. On September 22, 2019, around 00:38, a fire occurred on the third floor of the instant building; around 200 stores located on the third floor due to the said fire; and the outer walls and inner walls of the third to seventh floors of the instant building; and the fire occurred in parts of the outer walls and inner walls of the third to seventh floors of the instant building; and the sales clothing, office fixtures, etc. inside the instant building were damaged.
(hereinafter referred to as “instant fire”) C.
As to the cause of the fire of this case, the fire site investigation report prepared by the competent fire station on the fire of this case states that the cause of the fire of this case is presumed to have been generated in the space between the 1st entrance and the 2nd entrance of the third floor, but it is not possible to accurately determine the point of extinguishment and the cause of extinguishment, and that there is no specific limitation on the point of extinguishment and the cause of extinguishment in the legal assessment report of the National Science Investigation Agency.
However, in the fire site investigation report, the third floor store did not have a sprinkler, and was operated in a densely-populated form with wooden partitions, etc., and the passage was narrow due to displayed clothes and bags, and the number of clothes and bags accumulated in each store's receipt book is the cause of rapid combustion, and the outer wall is constructed with a composite board (Aluminium) to prevent windows installed in the existing site and prevent heat emissions, thereby causing excessive property damage.
E. The plaintiff.