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1. Defendant A’s KRW 19,008,405 as well as 5% per annum from November 19, 2014 to July 6, 2017 to the Plaintiff.
Reasons
1. In full view of each entry of Gap evidence Nos. 4-1 to 4, and Gap evidence No. 5 to 8, the following facts are recognized, taking into account the overall purport of the pleading (including the fact that there is no dispute):
The Plaintiff concluded a fire insurance contract (part of a mutual aid) with respect to the first basement, the ground nine-story building, and accessory facilities located in Seo-gu Busan, Seo-gu, Busan, which are owned by the Plaintiff Co., Ltd. (hereinafter referred to as the “Nonindicted Co., Ltd.”).
The non-party company directly used the entire ground floor of the above building, and leased each of them to E operating D from January 1, 2010, with a size of 858.70 square meters among the 2,188.60 square meters of underground floors of the above building, to G operating F from July 1, 2010.
In early 2011, Defendant B was requested by Nonparty B to install a spacul in the ceiling on the first floor of the underground floor leased by F from Nonparty B, and purchased a spaculing machine manufactured by Defendant A at this place and installed it in the ceiling, and thereafter the employees of Nonparty B completed the electrical distribution.
On June 14, 2014, at around 19:00 on Saturdays, a fire (hereinafter “instant fire”) occurred within the leased space of G operating the F of the 1st underground floor in a state where the lessees of the 19:00 underground floors did not run their business, and the employees of the non-party company, who worked on the 1st floor, reported a fire to the fire station, and reported the fire to the fire station. The instant fire was extinguishing by the fire brigade called up to 10 minutes.
The non-party company caused damage to 2/3 internal finishing materials and various facilities (including elevators) on the first floor of 2,188.60 square meters below the ground due to the instant fire. On November 19, 2014, the Plaintiff paid KRW 295,683,646 to the non-party company as insurance proceeds for part of KRW 395,250,343.
2. Determination as to the claim against Defendant A
A. (1) The establishment of liability is established: (a) the entry of Gap evidence 2 as to whether a fire occurred in the ventilation machine manufactured by Defendant A; and (b) the National Scientific Investigative Research Institute of this Court on January 5, 2017.