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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. B is the owner of the 74.53 square meters per floor of Class II neighborhood living facilities, and 22.50 square meters per floor (1st floor 97.03 square meters per floor) of 1st floor (22.50 square meters per floor) in the Gyeongju-si (hereinafter “instant building”).
B. Around November 2014, the Plaintiff concluded an insurance contract with B with the following content:
(hereinafter referred to as “owner’s fire insurance”. The name of insurance products: as non-dividend, fire fighting, NEW coal: The insurance period: B: the amount of insurance coverage from November 13, 2014 to November 13, 2019: the insurance amount of KRW 30,000,000: the damage covered by the instant building: the damage that the subject matter of insurance suffers from a fire:
C. On March 30, 2015, the Defendant entered into a lease agreement with B with respect to the whole first floor of the instant building (hereinafter “lease object”) with KRW 15,00,000, KRW 1,050,00 each month, and KRW 1,050,00 each month, while the lease term is from April 30, 2015 to April 29, 2017 (hereinafter “instant lease agreement”). From April 30, 2015, the Defendant operated a restaurant with the name “E” from the leased object.
Around May 2015, the Defendant entered into an insurance contract with Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”) with a view to securing liability for damages to the instant building, etc. caused by fire and liability for damages to a third party as follows:
(hereinafter “Lessee’s fire insurance contract” hereinafter). The name of the insurance product: the Defendant’s insurance period from May 13, 2015 to May 13, 2018: 60,000 won for the instant building, fire damage (building), fire damage (movable property), 5,000,000 won for fire damage (facility), 20,000 won for fire damage (facility), 10,000,000 won for fire damage (including fire damage) and for fire (including explosion) liability (including special clause)
E. On May 22, 2016, at around 23:00, the instant case where “the fire is below the level of fire” at the kitchen of the leased object of this case.