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1. The Defendant’s KRW 325,340,907 as well as 5% per annum from December 4, 2016 to February 23, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company engaged in the business of manufacturing synthetic resin ePS at the steel-frame sand position plate plant in Daegu-gun-gun Co., Ltd., and produces renewable resin, etc. with a pressureing method after crushinging and crushing styrens into melting resins.
The plaintiff is a person who engages in the ballon recycling business in the name of "D" at the steel-frame sand plate plant adjacent to about four meters south of the defendant factory.
Plaintiff
There is no fence between the factory and the defendant factory.
B. On December 4, 2016, around 23:09, a fire (hereinafter “instant fire”) occurred in the Defendant factory, and the Defendant factory was dissatised, and the building, movable property, and fiber products owned by the Plaintiff, which were kept by the Plaintiff, were destroyed by the Plaintiff’s factory located next thereto.
C. The Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire and Insurance”) was an insurer insured in accordance with (Non-) Samsungsung Fire and Property PolicyNEW coal that the Plaintiff subscribed to, and paid KRW 43,747,500,000 to the Plaintiff as the insurance amount for the instant fire, respectively, KRW 20 million on February 17, 2017, and KRW 224,102,603 on March 8, 2017, and paid KRW 43,747,50 as the insurance amount for optical fibres according to the special agreement on fire liability under the said insurance.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2 through 5, 8, 9, 11, and 12, the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant fire occurred due to defects in the installation and preservation of the Defendant’s structure. As such, the Defendant is the occupant of a structure pursuant to Article 758(1) of the Civil Act or a tort pursuant to Article 750 of the Civil Act, and the Plaintiff’s total damages incurred to the Plaintiff (=total damages sustained by the Plaintiff = KRW 832,441,975 - Insurance money paid to the Plaintiff from Samsung Fire Insurance, which is the Plaintiff’s insurance company 424,102,603 - the Plaintiff’s insurance money paid to the Plaintiff from Samsung Fire Insurance, the insurance company of Korea,