1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. D’s lease of a building to the Defendant, the Defendant’s restaurant operation 1) D’s operation consists of each of the buildings of Class 1 and Class 2 neighborhood living facilities (one story retail store 51.52 square meters, office 31.37 square meters, general restaurants 87.12 square meters, 152.95 square meters, 129.02 square meters in the office of the second floor, 3 stories, and 451.98 square meters in the total floor area, namely, 451.98 square meters in the office of the third floor.

hereinafter referred to as “instant building”

D) On January 5, 2011, D leased the part of the general restaurant of the first floor among the instant buildings to the Defendant as security deposit of KRW 10,000,000, monthly rent of KRW 800,000, and the rental period of KRW 24 months.

(See Evidence A No. 3). The Defendant operates a restaurant in the name of “F” at the general restaurant part of the first floor of the instant building.

B. Fire in the restaurant operated by the Defendant 1) On June 25, 2014, around 04:03, within the Defendant’s “F”, the occurrence of a fire and the occurrence of a fire on June 25, 2014, and the occurrence of the fire on board to other parts of the instant building as follows (hereinafter “instant fire accident”).

A) After the investigation, among the instant buildings leased by the Defendant during the investigation process, there was a shaking in the air conditioning line, which is installed in the air conditioning part of the general restaurant part of the first floor of the instant building (see evidence 1, 2, evidence 5, evidence 8, and evidence 6). (ii) The amount of damages on the part of the general restaurant part of the instant building out of the instant building due to the instant fire accident was KRW 9,754,80, and the amount of damages on the remaining part of the said building was calculated as KRW 6,736,638.

(See Evidence No. 5, 14). (c)

In the event of the instant fire accident, the Plaintiff, the insurance company, and the Co-Defendant C’s payment of insurance proceeds to the Plaintiff Co-Defendant C of the first instance trial, D is also the Plaintiff (hereinafter “Plaintiff Company”).

B) As regards the entire building of this case owned D, the Plaintiff Company concluded two non-life insurance contracts with each insurance coverage amounting to KRW 150,000,000, and KRW 10,000,000, and KRW 10,000 (A).