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1. The cancellation of the part against the defendant exceeding the following money in the judgment of the court of first instance shall be applicable to the revoked part:
Reasons
1. Basic facts
A. The Defendant is a person who rents a store owned by C among the buildings of the second floor B in Jung-gu in Seoul, Jung-gu, and operates a wood laboratory in the name of G by leasing a store owned by the F in the above second floor building and operating a wood laboratory in the name of G.
(hereinafter referred to as "the defendant's store in this case and E's store in this case). (B)
On May 8, 2013, the Plaintiff is an insurer who entered into a fire insurance contract with E with respect to facilities and fixtures in the instant adjacent stores (amount of KRW 10 million) and movable property (amount of KRW 5 million).
C. On April 15, 2014, around 20:13, the instant fire that occurred in the instant store and the neighboring store destroyed, causing considerable damage to KRW 11,158,41 (facilities 1,865,411 movables of KRW 9,293,00) including the facilities of the instant adjacent store.
On May 26, 2014, the Plaintiff paid KRW 6,865,411 (facilities KRW 1,865,411 as movable property KRW 5,00,000) to E as insurance proceeds according to an insurance contract.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7 (including partial number), the purport of the whole pleadings
2. Determination
A. The following circumstances acknowledged prior to the occurrence of liability for damages, and the statement of Gap evidence No. 8 and the purport of oral argument are as follows: ① The first reporter of the fire in Jung Fire Station appears to have been the fluor of the instant shop; ② the fire in Jung Fire Station, among seven stores within a fire, the fire in this case’s room was the most serious; the fire in this case’s room was discovered on the electrical distribution line and the parking short-term of the right side of the wall of the first floor of the instant shop; and there were no other heat sources inside the fireproof point; ② the fire in this case’s room was presumed to have occurred due to the joint line of electric wires located within the instant shop, not to properly block all inside the instant shop at the time, but to be seen to have been removed to the nearby fire brigade.