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. On February 17, 2017, the Plaintiff concluded a fire insurance contract with C on the instant building D in Gwangju City (hereinafter “instant building”).

On August 30, 2016, the Defendant leased the first floor E (hereinafter “instant store”) among the instant buildings from C and operated the F restaurant from around that time.

B. On December 26, 2017, around 02:12, the instant fire occurred at the main office of the instant store, and the instant store and its neighboring store (G) were partially destroyed.

On March 30, 2018, the Plaintiff paid KRW 43,944,520 insurance proceeds to C (i.e., the amount of damages 40,882,721 in the instant part of the store).

C. The results of the instant fire investigation are as follows.

The launching point and burning expansion route - The powder and sprinking machine installed on the wall side of the main sprink have been destroyed, the door frame and upper sub-spons the right side of the main spons, and the direction of burning in the vicinity is presumed to be the first sprinking point, and the combustion factors are presumed to have been burned in the process of burning part to the sand site panel of the side store in the process of burning: Examination of the presumed fire causes by electrical/sprinking heat - Electrical factors installed on the wall side of the main sprinking point: Parking machine installed on the wall of the main sponsing point has been excavated and identified, and the inner sprinking point of the main sponsing machine has been defryed, and the possibility of combustioning by electric shocking machine using the sponsing machine and its surrounding sponsing machine is unknown, and there is no possibility of combustion from the bottom of the main spuging machine.