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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
Reasons
1. According to the instant lawsuit concluded on November 16, 2012 with the Defendant, the Plaintiff sought insurance money of KRW 25,000,000 based on the Plaintiff’s basic fire security insurance money and insurance money of KRW 75,00,000 based on the special terms and conditions for the liability of compensation for the owner of the relevant facilities, based on the insurance contract as “non-dividend, fire-fighting fire-fighting coal” concluded with the Defendant.
The court of first instance rejected the remainder of the claim by citing KRW 25,00,000 of the basic fire security insurance money, among the plaintiff's claim, and only the plaintiff appealed against it.
(A) On November 17, 2015, the Defendant filed an appeal against the Defendant, but withdrawn the appeal on November 27, 2015). Therefore, the scope of the trial on the party hearing is limited to the obligation to pay KRW 75,000,000, insurance money based on the special terms and conditions of liability for damages against the Plaintiff, which is the part against the Plaintiff
2. Basic facts
A. C around December 199, around 199, owned a 95.50 square meters of a lub roof detached house on the lub roof D’s ground, and around that time, C resided in the said house.
C around February 2, 2001, around E of the above detached Housing E, extended the building of 88.4 square meters for light steel-frame No. 2 neighborhood living facilities (hereinafter “instant building”).
B. On October 23, 2012, C entered into a contract with B to lease the instant building at KRW 10 million as security deposit and KRW 800,000 as monthly rent.
After that, the location of the building of this case was the location of November 5 of the same year, and the registration of the restaurant was completed under the name of the plaintiff.
C. On November 16, 2012, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”) with the Defendant as the subject matter of the instant building under the name of the Plaintiff, as follows, as the non-distribution fire fire, water fire, and coal (hereinafter “instant insurance contract”).
Insured: Insured location of the Plaintiff: <1> General restaurant coverage (fire security) KRW 90 million in building 90,000,000 in basic (fire security), facilities and office costs.25 million in total. <2> General Terms and Conditions per accident of the owner of the special agreement, KRW 1 billion in total, per 100,000 won in total, per 15: Company.