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1. The plaintiff's appeal is dismissed.
2. Upon the conjunctive claim added by the appellate court, the defendant 12,634.
Reasons
1. Basic facts
A. On June 2012, the Plaintiff concluded a fire insurance contract with C Apartment E (hereinafter “instant apartment”) with respect to the entire cover period of the C Apartment E (hereinafter “instant apartment”) located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “instant apartment”).
B. On October 6, 2016, the Defendant leased the instant apartment G heading (hereinafter referred to as “G head,” and the other parts also indicated the number of houses) from F, and used it as a lodging place for the Defendant’s employees.
C. At around 15:45 on June 5, 2017, the instant fire occurred in G and H, I, and J were destroyed by fire.
By September 19, 2017, the Plaintiff paid F, etc. totaling KRW 45,228,286,286 (i.e., KRW 38,068,881, the amount of damage to the building of G was paid to F, who owns KRW 21,056,790. Of KRW 7,159,405, the amount of damage to the household title G was paid to F, the lessee, and KRW 4,918,656.)
E. The results of the instant fire investigation are as follows.
Determination of a point of birth in the Yanannam Fire Fighting Station: (a) deeming that the small number of hands-outs in the small number of rooms adjacent to G heading G is the very heart and the small number of indoors such as a kitchens is distinctive; (b) considering that the fire is presumed to be a fire that has been burned in the indoors as a whole, and is presumed to be a fire that has been burned in the indoors as a result of the combustion, such as a strings and remote areas, due to the outbreak of fire in the small area; (c) Electric causes of fire: (d) the fact that there is no scams (TRIP) by the electrical factors of the leakage circuit and the fact that there is no scamsys in the small area near the main area presumed to be scambling points; but (d) it is not completely excluded from the OF location due to the outbreak of electric power lines, mechanical, gas leakage, and personal care; or (e) in light of the accurate results of the fire station at the south fire site and the fire station at the accident.