A. On September 9, 2013, the Plaintiff entered into an insurance policy with respect to D and buildings, office fixtures, interior facilities, etc., which operate restaurants in the name of “C” on the first floor of the building located in Daegu Jung-gu (hereinafter “instant building”) with the insurance coverage amounting to KRW 100 million in the building, KRW 30 million in the office fixtures, KRW 50 million in the inside facilities, and KRW 50 million in the insurance coverage period from September 9, 2013 to September 9, 2016.

B. On January 24, 2016, the Defendant leased the 1st floor store of the instant building (hereinafter “instant store”) and operated a restaurant in the name of “E”. On January 24, 2016, a fire in the instant store (hereinafter “instant fire”) occurred, and the neighboring stores, including D stores, destroyed the fire.

C. On July 8, 2016, the Plaintiff paid KRW 92,160,655 (i.e., the total amount of KRW 18,808,489, the total amount of KRW 30,000,000, KRW 43,352,166) to D based on the insurance contract.

As a result of the appraisal by the National Science Investigation Agency on the instant fire, the characteristics of the melting in accordance with the Electric SP C from the plurged floor of the block of this case can be identified, and the corresponding contact structure is identified from some of the electrical melting structure, such as distinguishing the traces exposed to flames after electrical use, etc., so as to exclude human emitting factors as a result of the discovery of the peculiar points of electric spug melting that can be seen as an electrical sprinking in the part that can be seen as the exceptional points of the electric sprink melting, only in a case where human emitting factors can be excluded.

The opinions of the Daegu Middle Police Station are as follows: (a) human emission factors are excluded because it cannot be confirmed that an outside person entered or was fired by another person’s intentional or negligent act; and (b) electric flus connected to coolants, etc. do not constitute a canter on the container; and (c) electric flus connected to coolings, etc. do not constitute a canter on the floor.