beta
Text
1. Defendant A’s KRW 37,301,90 for the Plaintiff and KRW 5% per annum from March 20, 2013 to November 13, 2013.
Reasons
1. Facts of recognition;
A. At around 00:15 on January 10, 2013, Defendant A: (a) destroyed 54 vehicles, such as B, which were parked around approximately 130 cm from the above waste pipe, and destroyed 39,0520,000 won in total at the market price by setting fire to the waste pipe in the first floor parking lot of the apartment site, which is to be to be set up at 00:18 on the same day, and caused damage to the aggregate of the market price by setting fire of 54 vehicles, such as B, parked around 130 cm from the above waste pipe.
B. The Plaintiff is an insurer of five vehicles, such as B car, among the above 54 vehicles, and the Defendant New Systems Business is the person in charge of managing the above apartment facilities.
C. The Plaintiff paid a total of KRW 37,301,990 to five insurers, such as the said B car, etc. by March 19, 2013.
[Grounds for Recognition] Unsatisfy, this Court 2013 High Court Decision 86
2. Judgment on the plaintiff's claim
A. According to the facts of the above recognition as to Defendant A, Defendant A is obligated to pay to the Plaintiff the amount of KRW 37,301,990 for indemnity and the amount calculated at the rate of 5% per annum from March 20, 2013 to November 13, 2013, the delivery date of the complaint, and 20% per annum from the following day to the date of full payment, as the Plaintiff seeks.
B. The Plaintiff at the conference of the representative of an apartment unit, which is the Defendant New Systems Co., Ltd., and the Folk Village New Town Construction Co., Ltd., asserted that the said Defendants were responsible for compensating for the damages caused by the instant fire due to the negligence in the installation and management of the facilities for the prevention of fire. However, there is no evidence to acknowledge the negligence of the said Defendants. Rather, according to the evidence No. 9, the instant fire is not fire extinguishing but fire extinguishing systems, and cannot be acknowledged to the said Defendants as a negligence in the maintenance and management of fire-fighting systems.
(c).