2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. On October 20, 2010, the Plaintiff entered into a lower home comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to C and Guro-gu Seoul, and the second floor-to-story tenement of the cement and the second floor-to-story roof (hereinafter “instant apartment house”) with the content that compensates for the damages in the event that the said building and the household-to-land were damaged by fire, etc. due to fire, etc.

B. At around 14:00 on September 23, 2013, a fire (hereinafter “instant fire”) occurred on the second floor inside the boundary of subparagraph 2 (hereinafter “instant house”) that the Defendant leased and resided in the instant apartment house, and due to a fire spreaded by the fire officer, the inside facilities and household tools adjacent to the instant apartment house under subparagraph 3 were damaged by flooding.

C. Under the instant insurance contract, the Plaintiff paid B KRW 16,237,440,00, totaling KRW 10,489,280 on December 3, 2013, and KRW 16,237,440 on January 6, 2014, as insurance money for flood damage caused by the instant fire.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 5, and 6

2. The assertion and judgment

A. The Plaintiff’s assertion that the fire of this case occurred when the Defendant properly deals with the strings, such as a dog or a cigarette, around the kitchen of the instant house, or when the Defendant neglected to take protective measures, such as preventing a fire or keeping a fire extinguishing appliance for preventing its spread, and thus, the Defendant is liable to compensate B for the damages caused by the instant fire pursuant to Article 750 of the Civil Act or Article 758(1) of the Civil Act, and the Plaintiff acquired the above damage claim against B against the Defendant within the scope of the insurance money paid to B pursuant to Article 682 of the Commercial Act. Accordingly, the Defendant is liable to compensate the Plaintiff for the damages incurred by the instant fire and the damages incurred therefrom.

B. According to Article 750 of the Civil Act, determination is intentional or intentional.