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1. The Defendant’s KRW 5,65,353 as well as the Plaintiff’s annual rate from June 21, 2013 to April 3, 2015.
Reasons
1. Basic facts
A. C was engaged in gold-type manufacturing business in the name of “E” from among the buildings of 4th and 1st underground floor in Jung-gu, Seoul (hereinafter “instant building”).
B. From January 3, 2011 to January 3, 2016, the Plaintiff concluded a fire insurance contract with C with the insurance coverage period, with the first floor of the instant building and the machinery, fixtures, and interior facilities located therein, with the insurance coverage amounting to 180 million won in total (hereinafter “instant insurance contract”).
C. On December 28, 2012, around 14:39, the occurrence of a fire on the first floor below the instant building (hereinafter “instant fire”) and the first floor below the instant building, and machinery, fixtures, and interior facilities located therein were damaged, the Plaintiff paid C insurance proceeds of KRW 11,30,707, in total, KRW 50 million on June 5, 2013, and KRW 61,330,707, and KRW 111,30,707 on June 20, 2013.
[Ground] Evidence Nos. 1 and 12, and the purport of the whole pleading
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion that the fire of this case occurred while the Defendant and the Defendant’s employees, B, being employed on the first floor of the building of this case, due to the incidentalism, as the ground ground of the instant building.
Therefore, the Defendant is liable to compensate C for damages arising from joint tort with the employer liability or B. Since the Plaintiff paid the insurance money of KRW 111,30,707 to C according to the insurance contract of this case, the Defendant and B shall pay the Plaintiff the above KRW 111,30,707 and the delay damages therefrom pursuant to Article 682 of the Commercial Act.
B. (1) At the time of the instant fire, the artificial park construction was in progress on the first floor of the instant building, and the Defendant employed B and was engaged in melting work.
(2) The first floor of the instant building was partitioned into a living room, a first work room, and a second work room, and was a sealed structure with no emergency exit other than a main entrance.
The wall between the first floor and the first floor at the time shall be the wall.