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1. Of the judgment of the court of first instance, the part against Defendant C, including the claim extended in the trial, is as follows.
Reasons
1. Basic facts
A. (1) The Plaintiff is an insurer who entered into a factory fire insurance contract with D Co., Ltd. (hereinafter “Nonindicted Company”) around October 27, 2017, with the subject-matter of insurance as a whole of inventory assets of the factory buildings and facilities, machinery and equipment storage fixtures in Daejeon-gu E, and with the insurance period from October 27, 2017 to October 27, 2018.
(2) On September 26, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Company”) contracted the construction cost of KRW 55,500,000 for the construction work, setting the period from September 26, 2016 to January 30, 2017, the Daejeon Seo-gu E-Ground Corporation (hereinafter “instant construction”).
Since January 26, 2017, the instant construction contract was changed to KRW 710,000 from September 26, 2016 to March 31, 2017, and was finally changed to “the construction cost of KRW 739,500,000” on March 27, 2017.
(3) Defendant C, upon receiving the direction of the president, served as an employee of “G” on July 14, 2018 in order to repair the shuttles of the warehouse of Nonparty C Company.
B. On July 14, 2018, around 12:43, the instant fire occurred, as follows, the fire occurred on the top of the warehouse of the non-party company that the Defendant C engaged in the stack repair work and destroyed part of the inside of the building, facilities, inventory assets, machinery, etc. inside the building.
C. (1) The Plaintiff’s payment of insurance proceeds is assessed as KRW 1,463,563,320 in total. Of them, the part of the building is KRW 791,709,256 in total, KRW 292,210,016 in inventory assets, and the part of the machinery is KRW 379,64,048 in total.
(2) The Plaintiff paid the non-party company KRW 1,326,658,446 as fire insurance money to the non-party company from September 19, 2018 to March 27, 2019. Meanwhile, the non-party H also paid KRW 9,727,548 as fire insurance money to the non-party company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 8, 21, and 22, and all pleadings.