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1. As to Defendant A and B’s respective Plaintiff KRW 139,673,621 and KRW 69,000,000 among them, May 2, 2014.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has concluded a general fire insurance contract with D (hereinafter “D”) with the insurance policyholder, Inc. (hereinafter “D”) from October 10, 2012 to October 10, 2017, under which the insurance period is KRW 120,000,000, and the general fire insurance contract with the Green D D’s amount of insurance coverage is KRW 120,000 (hereinafter “No. 1 insurance”), and ② from December 13, 2013 to December 13, 2014, with the insurance period being KRW 60,00,000 (hereinafter “No. 2 insurance”).
B. On March 18, 2014, around 21:43, the fire occurred in the Defendant Company A, Inc., Defendant C, located in Man-dong-dong-gu, U.S. (hereinafter “instant fire”). This, which was burned to D factories located adjacent to the said factories, caused two prefabricated factory buildings, tent buildings, office containers, etc. owned by D. (hereinafter “instant fire”).
C. The fire in this case is presumed to have occurred by the non-existence of the name of employees of the Defendant Co., Ltd., without laying down the waste vinyl which was accumulated on the machine room in the factory, and by spreading the waste vinyl due to the heat of the scrap scraper.
On May 2, 2014, the Plaintiff paid KRW 139,673,621, respectively, to D based on Type 1 insurance; KRW 45,127,269 on May 2, 2014; KRW 24,000,000 on May 2, 2014; and KRW 25,546,352 on May 2, 2014 on the basis of Type 2 insurance.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1, Gap evidence 5-5, Gap evidence 6-1, 2, Gap evidence 7-1 through 4, Gap evidence 8-1, and the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant A and B, the Defendant A Co., Ltd. is the employer of a person who was killed in the name of a person who was killed in the name of the employee, who caused the occurrence of the instant fire, by putting the waste vinyl, above the mechanical room scraper in the factory, without putting it out, pursuant to Articles 756 and 750 of the Civil Act, and the Defendant B is with the Defendant C.