1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the Plaintiff Company B (hereinafter “Plaintiff”), and the Defendant is the person in charge of management of the Dpenta-gun, Incheon pool-gun C.

B. On August 6, 2016, in the warehouse of the above pented container, a cause-unclaimed fire occurred (hereinafter “instant fire”); and at the time, the Plaintiff’s vehicle was parked in the pented gate, and the said fire was moved to another place where the said fire was destroyed.

[Ground of recognition] A without dispute, entry of Gap evidence 2, fact-finding results on the Incheon Central Medium Fire Prevention Center, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff suffered damage from the fire of this case, and the Plaintiff paid KRW 3 million at the cost of the Plaintiff’s automobile repair in accordance with the automobile insurance contract. As such, the Defendant, who is the person in charge of management of the pension, is liable to pay the Plaintiff the indemnity amount under the Commercial Act

B. At the time of the occurrence of the instant fire, the Plaintiff’s vehicle was parked in the said penthouse as seen earlier, but the following circumstances, i.e., the instant fire occurred in the said pent container warehouse, and the Plaintiff’s vehicle was parked in the said penthouse, and the Plaintiff’s vehicle was moved to another place, and the Plaintiff’s vehicle’s driver appears to have been normally discharged from the said penthouse without asserting the damage, etc., after the extinguishment of the said fire, is insufficient to acknowledge that the Plaintiff’s vehicle was damaged by the fire, and there is no other evidence to acknowledge this.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.