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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From May 2013, the Plaintiff opened a restaurant with the trade name “C” (hereinafter “instant store”) on the first floor of the Dongducheon-si B (hereinafter “instant building”) owned by the Plaintiff from around May 2013. On June 7, 2013, the Plaintiff concluded a fire insurance contract (hereinafter “instant insurance contract”) with the Defendant setting movable property, facilities, and fixtures in the instant building and the instant restaurant as the subject matter of insurance. The key contents are as follows.
Major contents of the instant insurance contract and the insured: The insurance period of the Plaintiff: the content of guarantee at the time of occurrence of fire-fighting damage : the amount of actual damages within the limit of KRW 200 million,000,000,000,000,000,000,000,000,000,000 won, - The amount of actual damages - The amount of damages - The amount of actual damages - the amount of damages within the limit of KRW 120,000,000,000,000,000,000,000,000 won per day: the
B. On January 21, 2014, at around 01:57, a fire (hereinafter “the instant fire”) that could not identify the cause within the instant store, destroyed part of the instant building (referring to 8 points, such as television, etc.), and a part of the instant building (referring to 60 square meters in size, 300 square meters in size, and 300 square meters in size), which was located inside the instant store. In order to avoid fire, the Plaintiff suffered bodily injury, such as a booming the right wing part on the second floor of the instant building.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 5 and 6, the purport of the whole pleadings
2. Determination on this safety defense
A. The Plaintiff’s claim entered into the instant insurance contract with the Defendant on June 7, 2013, and thereafter, around January 21, 2014, the instant building, etc. was destroyed by a fire in the instant store. The fire was at least KRW 200 million due to the instant building fire, and at least KRW 5 million due to a movable fire in the instant store, and KRW 120 million due to the facilities within the instant store and the household fixtures fire.