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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. Nonparty B is the owner of reinforced concrete structure and brick (resided concrete roof) concrete structure and two storage facilities and detached houses (hereinafter “instant warehouse and housing”) located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, and Nonparty D is the incidental of Nonparty D, and the Plaintiff is an insurance company.
B. On October 31, 2013, D entered into the following insurance contracts with the Plaintiff: (a) if damage was incurred to the warehouse and housing of this case due to fire, etc., the Plaintiff would be compensated by the Plaintiff:
(hereinafter “instant insurance contract”). Insurance types, non-dividend Samsung Fire Integration Flus (1308) Nos. E Insurance Period No. 31 October 31, 2013 to 31 October 31, 2023 (10 years) where policyholders D subject matter D insurance, and the amount of insurance coverage, such as building, fire, collapse, etc.
C. On April 23, 2015, at around 13:59, the Defendant: (a) moved to the place without completely extinguishing the waste in the vicinity of the instant warehouse and the instant house; and (b) thereafter, the instant warehouse was moved to the instant warehouse on the wind, which was partially destroyed by the instant house.
(hereinafter “instant fire accident”). D.
Since then, the Plaintiff calculated the amount of damages as KRW 5,889,148 according to the instant insurance contract, and paid KRW 5,889,148 to B on December 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 10 evidence, Eul evidence 3-1 to 3, Eul evidence 7 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is an insurer that paid insurance money of KRW 5,889,148 to the insured B due to the instant fire, and the insured B may subrogate the right to claim damages against the Defendant within the scope of the insurance amount paid pursuant to Article 682 of the Commercial Act.
Therefore, the defendant subrogated the right to claim damages against the plaintiff B.