1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On December 29, 2011, the Plaintiff entered into a housing fire insurance contract (hereinafter referred to as “the instant accident insurance contract”) with the head of the management office of the Yeongdeungpo-gu A Apartment (hereinafter referred to as the “instant apartment”) and with respect to the building (296 households) and appurtenant facilities, household tools, and household fixtures in the instant apartment complex as the owner of each household in the complex; from December 31, 2011 to December 31, 2013, with the insurance period of KRW 23,910,323,707 (hereinafter referred to as the “instant accident insurance contract”).

On September 27, 2011, the Defendant concluded a comprehensive insurance contract with respect to C and the above households, the head of the household of 101-dong 1001-dong 1001, with respect to each of the insured workers as C and his spouse, relatives living together, and unmarried children, the insurance period from September 27, 201 to September 27, 2026, with respect to which the matters of the guarantee are covered by the family's daily life liability security (the guarantee limit of KRW 100 million, and KRW 200,000,000) (hereinafter referred to as the "liability insurance contract of this case").

On November 3, 2012, around 08:55, the instant apartment building 101, 1001, 102, 1101, 1102, 1201, 1301, and 1301, which were owned by C, were destroyed by a fire, and the building and household tools, etc. were destroyed by the fire, and the damage was caused by some residents.

Under the instant accident insurance contract, until September 6, 2013, the Plaintiff paid insurance proceeds of KRW 26,769,710 in total as indicated in the following table for the damage incurred by the instant fire.

(D) Insurance proceeds paid for losses under 101 owned by the D). Details of the insurance proceeds paid: 101-321,489-1,010,887-1002-799-1002-101, 798,528-1101-3,911,529-1102-178,486-1201-1,85,855, 456-1301-403,041-21, 1101-7,030-1201-117, 307-1301-7, 5725-7, 167-16, 705-7, 160-7, 196-7, 196-7, 1101-25, 160-7, 167, 167.