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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into an insurance contract that covers damage, such as fire, collapse, etc., to the building located in Gangnam-si C (hereinafter “instant building”) and household property, with B.
B. The Defendant leased and occupied and used the instant building 1003 from B.
C. On May 10, 2012, around 19:40, a fire occurred in the instant building No. 1003, and a part of the interior and the instant building, including the said part, was destroyed by a fire. On August 9, 2012, the Plaintiff paid KRW 70,137,767 as insurance money to B pursuant to the said insurance contract.
According to the report on the results of internal investigation of the Gangnam Police Station and the site parking site, it was presumed that the fire occurred due to electrical reasons, as a result of the discovery of a shots from the electric wires connected with the powder charging line and the electric circuit circuit circuit circuit circuit circuit breaker of the instant building No. 1003, which caused the first fire.
E. According to the fire site survey in the Gangnam Fire Station, in that electric shocks are discovered on the ship on the ship, it is presumed that the fire of the small area after the first generation of the small area of the ship, the fire of the small area, and the second generation of the fire was presumed to have been removed from the floor.
【Ground of recognition】An absence of dispute, entry or video of Gap 1 through 12, and Eul 1
2. The assertion and judgment
A. The Plaintiff’s assertion that a fire occurred in the instant building is due to the Defendant’s breach of the fiduciary duty on leased objects as a lessee. As such, the Defendant is obligated to pay the insurance money to the Plaintiff, who acquired the right of indemnity against the Defendant in subrogation by paying the fire insurance money to the lessor B, as a performance of the duty of indemnity.
B. In the instant case, although the Defendant’s fire occurred in the part leased or used, the point of combustion appears to be the part on the ship of the ceiling and the cause of outbreak is presumed to be the part on the ship of the electric wires.
However, B.