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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an insurer that entered into a comprehensive insurance contract for (D (hereinafter referred to as the “Defendant insurance company”) with respect to the Seo-gu Incheon Metropolitan City (hereinafter referred to as the “Plaintiff restaurant”) under which the Defendant A and the Defendant A, who run the Plaintiff cafeteria (hereinafter referred to as the “Defendant cafeteria”) directly adjacent to the Plaintiff cafeteria, bears legal liability to compensate for the damages incurred to the buildings, equipment, movable property, facilities, etc. caused by fire, and the Defendant A and the Defendant A, who entered into an insurance contract for fire flus security (hereinafter referred to as the “instant insurance contract”).
B. On April 9, 2017, around 12:20, a fire (hereinafter “instant fire”) occurred in the Defendant restaurant, and the kitchen of the Defendant restaurant was laid away, and the Plaintiff restaurant’s building, facilities, and equipment attached immediately adjacent to the Defendant restaurant was damaged or damaged by the noise.
C. On June 26, 2017, the Plaintiff paid insurance proceeds of KRW 10,167,680 to the insured B for the damages incurred by the instant fire.
The results of the investigation by the relevant agencies on the causes, etc. of the instant fire are as follows.
(i) On April 9, 2017, the date of the occurrence of the instant fire by the Seo-gu Incheon Metropolitan City, the Ministry of Fire Services called out to the scene of the fire on April 12:20-13:46, and investigated the scene of the fire, the point of view and the cause of the fire are as follows:
- The point of origin is the Defendant restaurant gas room, on the following grounds: (a) it is identified that food has been carboned inside the national passage of the State bank; (b) it is confirmed that the valves of the State gas station are opened; and (c) it appears on the wall surface of the sand site position panel located adjacent to the national passage of the State bank; and (d) it appears that a Vbton's combustion has been injected.