1. Revocation of the first instance judgment.

2. With respect to a fire accident listed in the attached Form 1, it shall be subject to the insurance contract listed in the attached Form 2.

Facts of recognition

On February 18, 2016, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with the content as shown in the attached Table 2 stating that the building, etc. of the second floor restaurant (hereinafter “D”) in the name of “D” (hereinafter “instant restaurant”) among the 4th floor commercial buildings located in the Defendant and Daejeon Jung-gu, Daejeon as the subject matter of insurance.

On August 2, 2016, 05:10 to 05:20 on August 2, 2016, a fire (hereinafter referred to as “instant fire”) with the same contents as the attached Table 1 occurs in the instant restaurant, and the inside facilities of the restaurant and various collection fixtures, etc. are destroyed by fire.

According to Section 3 of the General Terms and Conditions of the Insurance Contract in proportion to the value of fire damage (insurance), the Plaintiff shall compensate for the damage caused by fire to the goods covered by the Insurance Contract during the insurance period (Article 1(1)), but shall not compensate for the fire damage caused by the insurance purpose intentionally or by gross negligence of the contractor, the insured, or his/her legal representative.

(Article 5(1) of the Commercial Act provides that the insurer shall not be liable to pay the insured amount if the insured event occurred due to the intention or gross negligence of the policyholder, the insured, or the beneficiary of the insurance contract of this case. Article 659(1) of the Commercial Act provides that the insurer shall not be liable to pay the insured amount if the insured event has occurred due to the same intention or gross negligence of the policyholder, the insured, or the beneficiary of the insurance contract of this case.

Since the defendant caused the fire of this case intentionally or by gross negligence, the plaintiff does not bear the obligation to pay insurance money to the defendant for the damage caused by the fire of this case.

Judgment

The term "accident caused by the intention of the insured" in the relevant insurance policy is defined as an exemption from liability, and the term "suspect" refers to the psychological condition in which he or she performs it with the knowledge that a certain result is likely to occur by his or her act.