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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. On November 14, 2017, Nonparty D entered into an insurance policy (hereinafter “instant insurance policy”) with the instant damaged building as the subject matter of insurance between the Plaintiff and the Plaintiff as the owner of three-story neighborhood living facilities and housing buildings on the ground of reinforced concrete slab roof located in Gyeonggi-si, E (hereinafter “instant damaged building”).
B. On November 10, 2018, the Defendant: (a) installed two plastic houses ( approximately 40 square meters, approximately 70 square meters, and approximately 70 square meters) in the G ground located adjacent to the instant building; (b) operated the instant greenhouse farm. At around 20:45, two of the instant greenhouse greenhouses have been dissipated, and the fire occurred in the said plastic house; (c) as the outer exterior and finishing of the instant damaged building’s outer wall (cort tex, window, tamp, etc.) were partially damaged due to thermal heat; and (d) the fire water and its tamp was contaminated by the inside of the building that flows into the inside of the building through windows, and thus, the damage occurred to each of the instant damaged buildings, which requires the restoration and removal of the remainder of the damaged building; and (d) cleaning of the KRW 1,2, and KRW 1086,608,605,700,760,750,7, and the damage to each of the instant building.
(hereinafter “the instant fire accident”). C.
As an insurer of the Property Comprehensive Insurance Contract for the instant building, the Plaintiff paid KRW 108,853,250 on December 24, 2018 to the victim D, the insured, the insurance proceeds of the instant fire accident (i.e., KRW 101,986,250 on the cost of cleaning KRW 6,867,00 on the premises of the instant building).
In the Gyeonggi Police Station and the Gyeonggi Fire Prevention Station, the causes of the instant fire were investigated, and all the first fire extinguishment points are the plastic greenhouse owned and managed by the Defendant, but the cause of the fire cannot be confirmed.