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1. From June 29, 2012, the judgment of the court of first instance rendered by the Defendants jointly with the Plaintiff KRW 31,969,732, and its related costs.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who entered into an insurance contract as the carbon of Samsung Fire Property Insurance Co., Ltd. with the insurance period of D running a restaurant in Gangwon-do Incheon Group B (hereinafter “instant restaurant”) and from April 5, 2011 to April 5, 2016.
B. On April 4, 2012, D asked the Defendant A, who had been living in the instant restaurant for a considerable period of time, to see that the Defendant A, who had been living in the instant restaurant, asked the Defendant A to pay the water twice a day, in order to prevent the deterioration of the land of the instant restaurant.
C. However, around April 8, 2012, Defendant A around 19:30 on April 8, 2012, at the instant restaurant, there was a fire accident where gas burners, which string the string of the instant restaurant, moved to the restaurant in this case, and the house fixtures were boomed.
(hereinafter “the instant fire accident”). Defendant A was suspended from prosecution on May 3, 2012, with regard to the instant fire accident, from the Chuncheon District Prosecutors’ Office on the ground of the fire accident.
On June 28, 2012, the Plaintiff paid KRW 45,671,047 to D with insurance money for the damage incurred from the instant fire accident.
E. Meanwhile, Defendant A entered into an insurance contract (hereinafter “instant insurance contract”) with Defendant East Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”), which includes the “liability for living on the daily basis of the family members” (hereinafter “instant insurance contract”). The content of Article 1 (Compensation for Loss) of the “Special Terms and Conditions for Living on the Third Family (hereinafter “Special Terms and Conditions”)” incorporated into the instant insurance contract is as follows.
(1) Movables and movables within a housing site stated in an insurance policy used by the insured for residential purpose, which are liable for legal compensation for any damage to the physical disability or property of another person due to an accident listed below: