1. The plaintiff's claim is dismissed.

2. Three minutes of the lawsuit are assessed against the Plaintiff, and the remainder are assessed against the Defendant, respectively.

1. Basic facts

A. On December 31, 2015, the Plaintiff concluded a comprehensive movable insurance contract with respect to the general goods of Korea Capital Co., Ltd. (hereinafter “Korea Capital”) and Korea Capital, with the insurance period from January 7, 2016 to January 7, 2017.

B. On January 9, 2017, around 01:30, a fire was presumed to have occurred around the “C” store located on the first floor of the building A located in Yeongdeungpo-gu Seoul Metropolitan Government.

(hereinafter “the instant fire”). One printing machine (MITSUBII 4 degrees) was destroyed by a printing company E (representativeF) located in D’s printing company due to the expansion of the instant fire into a neighboring building.

The foregoing printing machine was a machine that was leased to F during the lease period from December 30, 2015 to July 2, 2018.

C. On April 18, 2018, the Plaintiff considered the amount of loss as stipulated at the time of the accident as KRW 105,742,493 based on the damage evaluation report assessed as KRW 142,291,537 on the amount of loss caused by the above printed fire, and paid KRW 105,672,893 as insurance money to the Korea Capital Capital.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion against the defendant, as the insurer B, is responsible for compensating the defendant for damages caused by fire pursuant to Article 683 of the Commercial Act, and the plaintiff acquired by subrogation the right to claim damages against the defendant pursuant to Articles 682 and 724 (2) of the Commercial Act, and the defendant is liable to pay to the plaintiff 105,742,493 won that the plaintiff paid to the insured and damages for delay after April 19, 2018, which is the day following the date of payment of the plaintiff's insurance money.

The Plaintiff intended to reduce the existing claim amount of KRW 5,672,893 and damages for delay after April 19, 2018 by filing an application for modification of the purport of the claim and the cause of the claim on September 28, 2018, but the Defendant did not consent thereto.