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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. Facts of recognition;
A. Of the buildings located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”), the Defendant is a person who operates the sound records recording room in the trade name of “C” (hereinafter “the instant sound records recording room”).
B. On May 18, 2012, the Plaintiff, as an insurance company, concluded a comprehensive property insurance contract (the above insurance contract covers damage due to fire) with the following terms: (a) between E and E running a restaurant with the trade name “D” on the first floor of the instant building (hereinafter “instant restaurant”); (b) between May 18, 2012 and May 18, 2017; and (c) the insurance period from May 18, 2012 to May 18, 2017; and (d) the insured, the insured, as the insurance amount, KRW 50,00,000, and KRW 50,000,00, etc. of the house fixtures (the above insurance contract covers damage due to fire).
C. On September 20, 2013, at around 07:01, a fire (hereinafter “the instant fire”) occurred in the sound recording room of the instant case, and the occurrence of the fire was introduced into the instant restaurant, thereby damaging the office fixtures, internal facilities, etc. in the instant restaurant.
The fire of this case is one internal distribution line among three lighting fixtures installed in the control room of the sound recording room of this case.
E. Due to the instant fire, E suffered damages equivalent to KRW 1,221,645, and the sum of KRW 6,113,850, and the sum of KRW 6,335,495, and KRW 7,395,00,00,000,000 for removal expenses of the office fixtures in the instant restaurant. The Plaintiff paid KRW 7,335,495, as the insurer, to E who is the insured on April 28, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Determination
A. According to the facts found above, the Defendant’s failure to properly manage the distribution inside the lighting fixture installed in the sound recording room of this case’s operation, thereby resulting in the instant fire, and thereby E’s operation.