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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The structure of the building of this case and the status of the parties 1) The building A through D (hereinafter collectively referred to as "the building of this case") of the same structure as that of the attached Form No. 1 in Busan-gu B
(2) The building owner C is the owner of the instant building, and D and the Defendant respectively leased and used “E” and “F” parts of the instant building from C, and the Plaintiff is the insurer that concluded a fire insurance contract with D.
B. On May 24, 2014, around 18:54, May 24, 2014, the instant fire was destroyed and inspected (hereinafter “instant fire”).
(2) The National Science Investigation Institute presumed that the instant fire was first generated inside the Ddong “F” (hereinafter “F building”) among the instant buildings, but determined that it was difficult for the F building to limit the specific cause of outbreak through a field investigation as it was melted due to severe combustions, such as steel structure and electric distribution of the inspected parts, etc.
3) At the Busan Northern Fire Fighting Station, the fire in this case was first launched near the entrance of the F building, but it was concluded that it is difficult to find out the heat sources, fire extinguishing factors, and first cargo. (c) The Plaintiff paid KRW 48,501,513 to C, the owner of the building in this case, in accordance with an insurance contract between D and D. The Plaintiff paid KRW 48,501,513 as a building damage related to the part of the building in this case as to the “E” of the building in this case. [Grounds for recognition] There is no dispute, the Plaintiff’s entry and video (including any number of pages) as well as the statement and video (including any number of pages) of evidence Nos. 1 through 5, Nos. 1 through 3, 11, 17 through 22.
hereinafter the same shall apply.
- The purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is that the fire in this case occurred or expanded due to the defect in the construction and preservation of the F building leased by the Defendant.