1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. D Around May 2015, the agricultural partnership (hereinafter referred to as “D”) leased the second floor store of the building located in Seo-gu, Seo-gu, Gwangju (hereinafter referred to as “instant store”) and concluded a contract with the Defendant, who runs the indoor building business under the trade name H on June 2, 2015, setting the cost of the interior facility construction of the instant store as KRW 170 million and the construction period from June 5, 2015 to July 15, 2015.

(2) On August 1, 2015, the Plaintiff, upon completion of the above interior facility construction work, opened and operated “I” at the instant store.

B. Meanwhile, on August 4, 2015, the Plaintiff and the instant store were the subject matter of insurance, and the period of insurance was from August 4, 2015 to August 4, 2020. The D’s representative concluded a G insurance contract including the content that compensates for legal liability for damages caused by another’s property, etc. due to an unexpected accident arising from the performance of duties arising from the use of the instant store and its facility (hereinafter “instant insurance contract”).

C. However, around 09:00 on March 9, 2016, water leakage occurred due to the heat of water supply pipes buried on the main floor in the instant store. Accordingly, the occurrence of an accident involving damage caused by facilities and inventory assets in the instant store by K and M, which operates J points on the lower floor of the instant store, respectively (hereinafter “instant accident”).

Accordingly, on April 7, 2016, based on the instant insurance contract, the Plaintiff paid the insurance proceeds of KRW 139.1 million to K, and KRW 5.87 million to M on April 15, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned is an accident caused by water leakage due to N’s power pipe distribution, which occurred due to N’s defects in N’s pipeline construction works.