Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The Plaintiff entered into an insurance contract between C and six other (hereinafter “owners”) with respect to the building, house fixtures, and facilities located in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant building”), Gangseo-gu, Seoul Metropolitan Government (hereinafter “instant insurance contract”) with the insured C and the insurance period from May 2, 2012 to May 2, 2017 (hereinafter “instant insurance contract”). From around 1978, the Defendant leased the first underground floor (hereinafter “instant lease contract”) among the above buildings from the owners to the date of the lease (hereinafter “instant lease contract”), and operated the instant one floor (hereinafter “instant leased area”). From January 1, 1994, the Plaintiff was a person who operated a dan with the “G” from around 194.
B. A fire at around 08:21, August 25, 2012 (hereinafter “instant fire”) occurred on the leased part of the instant fire, and the leased part and its facilities were destroyed by fire, and the stairs, etc. of the instant building were damaged due to flames and combustion.
C. In relation to the instant fire, the Seoul Gangseo Fire Station prepared a comprehensive report to the effect that “the first point of origin is presumed to be a routture installed in the atmosphere room of the leased part of the instant fire (hereinafter “the instant rupture”). The cause of the fire was observed in the right line inside the instant rupture, and the rupture is observed in the code line, etc., taking into account the following: (a) the Defendant’s rupture of the instant rupture at the wind going out without extinguishing the rupture; and (b) the Defendant’s rupture of the instant rupture is presumed to have been burnedd into the dust and rupture, etc., and thus, to have been burned to the body of the instant rupture.” (c) The Seoul Mapo Fire Station, which prepared the said comprehensive report, shall be deemed to have been burned to the body of the instant rupture.