Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 8:
On April 18, 2012, the Plaintiff concluded an insurance contract with the following content (hereinafter “instant insurance contract”) with the public entertainment bar located in the Incheon Baman-gun, Incheon (hereinafter “instant building”) as the subject matter of insurance between B and B (hereinafter “instant insurance”).
◎ 보험상품명: 무배당 행복재산 종합보험 ◎ 보험계약자: B ◎ 보험기간: 2012. 4. 18. ~ 2027. 4. 18.(15년) ◎ 보장사항: 보험목적물이 화재(벼락 포함)로 입은 손해(소방손해, 피난손해 보함)을 약관에 따라 보상 ◎ 지급금액: 화재손해(건물) 80,000,000원, 화재손해(시설) 30,000,000원
B. On August 4, 2013, the Defendant: (a) leased the instant building with a deposit of KRW 10,000,000; (b) monthly rent of KRW 1,000,000; and (c) a lease period of KRW 24 months (hereinafter “instant lease agreement”); and (b) operated entertainment tavern (hereinafter “instant principal store”) with the trade name “D” in the said building.
C. On August 31, 2015, around 22:32, 2015, the instant fire occurred (hereinafter “instant fire”) at the main station of the instant case.
2) The main contents of the fire site investigation document prepared by the Incheon Central Fire Center with respect to the fire of this case are as follows.
1. Date and time of the occurrence of fire: Details of damage caused by D: A small room of approximately 60 square meters inside the place of business and movable property of approximately 60 square meters, - a small room for singing-recording machines, three air conditioners, depositers, chairs, etc., on August 31, 2015;
2. A fire investigation summary conducted by the OO (n, 60-years) of the business owner of the store as above with the OO (ma, 50-years) located in the store and the OO (ma, 50-years) that witnessed in the studio and reported after evacuation in the studio. The 3th studio of the store was burned around the studio.