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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 18, 2015, the Plaintiff entered into a fire insurance contract between D and D with regard to “F” buildings and inventory assets among the warehouse facilities of the prefabricated position panel structure located in both weeks as of December 18, 2015, setting the insurance coverage amount to KRW 80 million (building) and KRW 50 million ( inventory assets) and the insurance coverage period from December 18, 2015 to December 18, 2020, and the Defendant leased the “G” (hereinafter “instant warehouse”) among the above warehouse facilities and operated “H” by a food distributor.
B. On December 29, 2017, around 06:13, a fire was destroyed on the rear side of the instant warehouse, and the said “F” warehouse and internal inventory assets were burned to the adjacent “F” warehouse, thereby causing damage to the said warehouse and internal inventory assets.
C. The amount of damages that D suffered from the instant fire is KRW 40,522,240, and the Plaintiff paid insurance money equivalent to the said amount to D on April 13, 2018.
According to the report on the fire investigation of this case, the CCTV image data analysis showed two flickerings on and off in the warehouse of this case, and the luminous intensity of reflectors confirmed through the windows of the above warehouse seems to fall under the luminous intensity appearing in the process of rapid spreading of the fire, and the location of the freezing and air conditioningr installed inside the above warehouse is adjacent to approximately 30 cm off and off the luminous analysis point and reflectors, and it is presumed that the fire of this case was caused by a fire at the freezing and control tower location. The fire of this case is presumed to be caused by a fire, taking into account the fact that the cooling and freezing was 10 years old, and there was almost little details of maintenance such as checking and cleaning, etc., and that there is little possibility of the removal of electricity due to electric shock and electric shock factors, etc., but it is not determined to be the most probable that there is no possibility that the fire of this case will be removed from a specific structure in the process of electric shock.