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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Facts of recognition;
A. On October 9, 2007, the Plaintiff is the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) who is operating textile business with the trade name “E” in the ground buildings located in Jung-si, Jung-si, Government-si, Do.
B) As between the two, the entire machinery located in the above building is 250,000,000 won as insurance coverage amounting to 100,000,000 won as movable property as insurance coverage amounting to 100,000,000 won, and each insurance subject matter is the F insurance contract with the insurance coverage amount from October 9, 2007 to October 9, 2012 (hereinafter “instant insurance contract”).
2) G Co., Ltd. (hereinafter “G”) concluded a H insurance contract with the period of coverage from October 16, 2007 to October 16, 2012, setting the insurance coverage amount of KRW 200,000 for all of the machinery, and KRW 100,000 for all of the movable property, respectively.
3) The Defendant’s ground-based building adjacent to the Intervenor’s building (the 2nd floor, the 4th floor, the 4th floor, and the hereinafter “Defendant’s oldline and Defendant’s Newline”).
(B) On May 10, 2012, a fire accident occurred in an industrial complex where the Intervenor and the Defendant are located (hereinafter “instant fire”) around 06:54, May 10, 2012, as the owner of the said building, by processing plastics in the said building or putting with bamboo covered in the upper flood. B. On May 10, 2012, the fire accident occurred in the Intervenor’s building and the machinery and movables inside the wall board and the building were seriously damaged.
2) The intensity of the instant site is as shown in the annexed drawing. C. A summary of the results of each investigation on the instant fire cause of the instant case is as follows. (1) The National Research and Investigation Institute of Science and Investigation of the National Institute of Science and Technology considers the burning of a fire and the photographs, etc. of the fire draft presented by the police, the materials storage, product inspection room, and the second floor of the Defendant’s 1st floor.