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1. The Defendant’s KRW 34,452,859 for the Plaintiff and KRW 5% per annum from April 12, 2017 to February 20, 2019.
Reasons
1. Facts of recognition;
A. The plaintiff is a person who is engaged in landscaping business in C with the trade name called D at the time of resident stay, and E is a worker for daily work and has been engaged in daily work at the plaintiff's company.
B. At around 6:20 on April 21, 2017, E left the site to put wastes into the drums before D’s material storage and to conduct seeds and seedlings operations.
There was a fire accident where the fire remaining in the drums after about 30 minutes was moved to the Plaintiff’s material storage, and the storage was destroyed and the Plaintiff’s collection equipment, materials, etc. were destroyed (hereinafter “instant fire”).
C. The Defendant is an insurer who concluded the F Insurance (from July 21, 2015 to July 21, 2015; hereinafter “instant insurance”) around July 21, 2015 with E.
Of the matters covered by the instant insurance, the term “family security” refers to “where the insured himself/herself is legally liable for damage to another person’s body or property during his/her daily life, due to his/her failure to cause damage to another person’s body during his/her daily life, the insured shall be held liable for actual loss (200,000 won
[Based on recognition] Gap evidence 1 to 5 (including paper numbers, hereinafter the same shall apply), Eul evidence 1 to 5, and the purport of the whole pleadings
2. Determination
A. In light of the overall purport of the arguments in the evidence Nos. 4 and 5 evidence that the occurrence of the liability for damages occurred, it can be acknowledged that E immediately before the occurrence of the instant fire, left the scene without confirming that the fire was loaded with waste, and that the fire was completely cut out, and that the fire was presumed to have occurred due to the sprinking of the fire that the fire was laid to the sprink around the sprinke, while the fire was burned out from the incineration box as a result of the fire identification by the Gyeongbuk Provincial Police Agency on the instant fire.
According to this, it is reasonable to view that the fire of this case was caused by the negligence of E who deserts the site without confirming that the fire of this case was completely cut off.
2.3.