beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a property comprehensive insurance contract with D, which operated a heading house under the trade name of “C” from the owner F and operated Nos. 107 and 108 among the first floor of Yeonsu-gu Incheon Metropolitan City Building No. 601 (hereinafter “instant commercial building”) for three years from October 22, 2012.
B. The Defendant is a person who operates a general restaurant (hereinafter “instant restaurant”) in the trade name “E” among the instant commercial buildings.
C. On March 28, 2015, around 06:20, a fire (hereinafter “instant fire”) occurred in the instant commercial building, and the equipment, facilities, etc. inside the head of the door-house operated by the Plaintiff was destroyed.
E
D. The Plaintiff paid F and D KRW 100,549,530,00 in total, as indicated below, KRW 83,828,928 (D) and KRW 16,720,60 on August 5, 2015, as indicated in the following table.
The insurance amount to be paid for the insurance amount of the divided insurance premium shall be 70,000,000 98,075,72319,833,437 August 16, 2015,720,602 small 70,000,0000,0775,72319,833,437 107,720,720,720, 602 small 70,000,0000,72319,833, 437 16,720,60, and 108 among the instant commercial buildings, because the council of occupants' representatives has double insurance amount of 13,031,734,00,000 won which was entered into with the Dongbu Fire Marine Insurance Co., Ltd.
Internal facilities 60,000,000 43,952,4834,204,135, 50,000,34,204, 135 June 8, 2015, 300,346,689,30,507, 2088, 10,007, 200,000,007, 279, 279, 455, 915, 809, 608, 630,630,67,707, 207, 207, 207, 207, 207, 207, 208, 206, 80, 106, 86, 80, 208, 630, 605, 630, 606, 607, 2007, 2007
E. The results of the investigation on the causes of the instant fire are as follows.
2. Review:
A. The burning of the first floor of the commercial building of this case, which is a fire site in the review of the point of combustion, is the front restaurant of this case.