1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

1. Basic facts

A. On January 2, 2013, the Plaintiff concluded a “F Insurance Contract” (including a fire insurance contract; hereinafter “Plaintiff’s insurance contract”) with one of the co-owners with respect to the instant building D-based (hereinafter “instant building”).

B. On December 22, 2017, Defendant B leased part of the first floor of the instant building and operated “G cafeteria” (hereinafter “instant cafeteria”), and Defendant C Co., Ltd (hereinafter “Defendant C”) and “H insurance contract with respect to the instant cafeteria.”

The above insurance contract includes ① Fire Insurance Contract on the instant restaurant (hereinafter “Defendant Fire Insurance Contract”) and ② Insurance Contract on Fire (including explosion) Liability Insurance Contract (hereinafter “Defendant Liability Insurance Contract”) with the content that the Defendant (Defendant B) is liable to compensate for losses incurred by the loss of another’s property due to fire that occurred at the instant restaurant due to the loss of the other’s property by bearing legal liability.

C. On December 30, 2017, at around 13:42, a fire (hereinafter “instant fire”) occurred in the kitchen located in the instant restaurant, and the instant restaurant and its neighboring stores and outer walls were destroyed by fire.

Until October 17, 2018, the Plaintiff paid KRW 20,939,578 insurance money to E (i.e., double insurance contribution of KRW 9,185,710 among the damages of the instant restaurant (including the left outer walls of the instant building) to E is KRW 20,790,563. However, the Plaintiff’s insurance contract and the Defendant’s fire insurance contract are related to the instant restaurant, and accordingly, the Plaintiff paid KRW 9,185,710 as the double insurance contribution of the aforementioned damages, and the remainder KRW 11,604,853 was paid by the Defendant Company. Damage of KRW 11,753,868 to the part other than the instant restaurant.)

E. The results of the instant fire investigation are as follows.

The point of origin and the point of combustion expansion - the first reporter I shall be the central part of the restaurant.