The part of the judgment of the first instance against the defendant shall be revoked.

The plaintiff's claim against the above cancellation shall be dismissed.

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with C with respect to the building of the apartment house for multi-household household in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant apartment house”) owned by C and the general household taking place with respect to the building and the general household taking place (hereinafter “Defendant”) of Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant apartment house”), with the insurance amount of KRW 130,000,000,000 (building 100,000, general household taking place, and KRW 30,000,000), and with respect to the insurance period from March 5, 2015 to March 5, 2020 (hereinafter “instant fire insurance”). The Defendant is an insurer who entered into the automobile insurance contract with respect to F vehicle (hereinafter “Defendant”).

B. (1) On October 9, 2019, around 19:44, a fire occurred in the parking lot located on the first floor of the instant detached house (hereinafter “instant fire”). The Seoul Gangseodong Fire Station, the Seoul Gangseodong Police Station, and the National Science Investigation Institute set the cause of the fire as the front section of the Defendant vehicle, including the bitular road.

(2) A part of the instant detached building was damaged to be flames due to the instant fire.

C. The Plaintiff paid insurance money to C in accordance with the instant fire insurance (i.e., KRW 10,021,764, Nov. 8, 2019 (i.e., cleaning construction cost of KRW 5,663,389, KRW 2,284,090, KRW 102,131, KRW 1,972,154).

【Ground of recognition】 The purport of each description, image, and whole pleading of Gap's 1, 2, 3, 5, and 6 (including the number for which there are various numbers) without any dispute

2. The assertion and judgment

A. The Plaintiff’s assertion that the fire of this case occurred by electrical factors in the upper part of the front part of the vehicle, including the between the Defendant and the ridge, and the between the Defendants, the Defendant, the insured, etc. failed to perform their duty to take protective measures on the grounds that the fire of this case is neglected due to the failure of fire dangerous factors, such as the distribution of the card terminal that may occur by electrical factors.

This protection measure has been breached.