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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Facts of recognition;
A. The Plaintiff, an insurance company, entered into an insurance contract with C Co., Ltd., the policyholder, with Nonparty D, with the insurance period from January 9, 2014 to January 9, 2019, and with the insurance period from January 9, 2019, with Kimpo-si E Co., Ltd. (hereinafter “instant contract”).
The instant contract provides that with respect to fire damage on a building, which is the subject matter of insurance, the damages caused by fire shall be compensated within the limit of KRW 210 million, which is the purchase amount of insurance.
B. For the operation of the company “H”, the Defendant jointly leased and occupied and used part of the E building in Kimpo-si, Kimpo-si, and the sand position panel slves on the ground of F, one story of 300 square meters (hereinafter “instant building”) with C Co., Ltd.
C. On April 6, 2015, around 11:00, a fire occurred inside the H factory, which was being operated in the instant building (hereinafter “instant fire accident”), and as a result, the inside of the instant building owned by D, resulting in damage, such as the overall removal and damage.
The Fire Certification Board, which prepared for the instant fire accident, stated the “electric factors/sick lines” as part of the cause of the fire, and stated that the instant fire accident was first caused by the electrical factors of electric wires buried on the wall of the factory, and stated that the instant fire accident was a fire accident which was first caused by the electrical factors of electric wires buried on the wall of the factory.
E. On June 5, 2015, the Plaintiff paid KRW 2.8 million to D, the insured, as insurance money for the damage incurred from the instant fire accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. Where the lessee’s obligation to return the leased object becomes impossible due to the extinguishment of the leased object due to a fire, etc., the lessee is himself/herself.