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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. (1) On September 9, 2015, the Plaintiff is an insurer who entered into a fire insurance contract (hereinafter “instant insurance contract”) under the name of “C” in the building located in Jongno-gu Seoul Metropolitan Government, Jongno-gu as the insured.
(2) The Defendant is running a lighting manufacturing business with the trade name of “F” by leasing approximately seven square meters among the above-ground wooden buildings in Jongno-gu Seoul Metropolitan Government E-ground wooden buildings.
(3) The term “G” is a restaurant located in the remainder of the Seoul Jongno-gu Seoul Jongno-gu ground wooden building with the exception of the F, and the main part of “G” is located in the vicinity of “F” and directly adjacent walls.
“H” is a teahouse located on the first floor of the Jongno-gu Seoul Metropolitan Government I Ground Building, the immediate adjacent to the above “G” building, and the second floor of the Jongno-gu Seoul Jongno-gu I Ground Building, which can be raised through stairs between “H” and “G,” is an official house.
B. On November 28, 2015, at around 12:02, a fire and a loss (1) appeared to be postponed near the F building; the occurrence of an accident where the F roof collapses and a part of the neighboring building is burned (hereinafter “instant fire”); and the fire officers dispatched upon receipt of the report to prevent the spread of fire to the neighboring building.
As a result, D's roof part of the building in operation of D's "C" was burned, and part of D's movable property was damaged due to noise and fire-fighting waterways.
(2) The Plaintiff paid KRW 15,430,028 in total to August 8, 2016 for D’s damage caused by the instant accident as insurance proceeds.
(1) Details of the fire site inspection report in the paper fire fighting site are as follows:
(a) The point of combustion: It is presumed that the inside and roof loss within the F Working Place is strong and, on the basis of the expanded form of combustion near the F roof timber, fire in F is likely to have occurred.
(b) Fire causes: F.