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

Purport of claim and appeal

1..

A. The Plaintiff is an insurer who has concluded an insurance contract with the Plaintiff that operates the main place of business in Ansan-si (hereinafter “instant place of business”) to cover liability for damages caused by defects, etc. in the said place of business. The Defendant is a person who engages in the business of internal facility construction, etc. in the trade name “D.”

B. Around June 2015, the Defendant concluded an insurance contract with the Plaintiff and commenced the main business at the instant place of business on or around July 2015, when the instant construction was completed (hereinafter “instant construction”).

C. Around October 5, 2015, among the instant construction works executed by the Defendant, water supply pipes connected to the main bank was generated and leakage occurred (hereinafter “water leakage accident”). As a result, the stores of the second floor and the stores of the first floor adjacent to the instant business site were flooded by flooding, etc.

On November 23, 2015, the Plaintiff received the insurance accident from C, based on the damage assessment of the large film materials specialized type damage company, paid KRW 9,55,038 with insurance proceeds, etc. [2,604,000 with the second floor F store (G) 2,604,000 with the second floor of KRW 4,251,038 with the second floor of KRW 2,600 with the insurance proceeds, etc.] to the owners of the first and second floor stores suffering from the water leakage in the instant case.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the witness of the first instance court, J. K's testimony, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the water leakage accident in this case occurred in the part of the drinking water connecting pipe constructed by the defendant. Thus, the plaintiff can recover the insurance money paid to the defendant due to the water leakage accident in this case on behalf of the insurer.

However, circumstances that recognize the overall purport of the evidence duly admitted as above, namely, C’s defense at the instant place of business.