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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. Status 1) The Defendant is a building located in the F in terms of harmony (hereinafter “instant building”).
B) On September 5, 2007, the K had operated gold-type production plant under the trade name of “H”. On September 5, 2007, the J had operated gold-type parts manufacturing business under the trade name of “I” (the part connected with the point of point of drawing below) of the instant building. HI JB B H2) C Co., Ltd. entered into an insurance contract with the Plaintiff as to the vertical machine learning center machinery (hereinafter “the instant machinery”).
- Insurance types: D - Insured and contractor: C - Insurance period: from August 1, 2008 to August 31, 2009: - Insurance subject matter: 132,043,282 won: - The J leased the instant machinery from C Co., Ltd. to use it in the factory of this case (part 1 of the above drawings). (b) On September 26, 2008, the fire was presumed to have occurred in the part of the Defendant’s office among the instant building where the fire occurred, at around 08:00, as the fire was burned and spread, the machinery loss of this case (hereinafter “the fire of this case”).
(C) The Plaintiff paid the damage assessment and insurance amount to KRW 97,724,119 (including KRW 750,000) due to the instant fire; and around January 20, 2009, the Plaintiff paid C Co., Ltd. insurance money to KRW 96,974,119 (=total amount of damage KRW 97,724,119 – the value of the remainder 750,000). [In the absence of any dispute over the grounds for recognition, evidence Nos. 1 through 12, evidence No. 3, and the purport of the entire pleadings, all of the pleadings.
2. The assertion and judgment
A. The plaintiff asserted that the fire of this case occurred or expanded due to electrical factors within H office among the buildings of this case occupied by the defendant, and accordingly, the machinery of this case owned by C Co., Ltd. was damaged by losses. Thus, the defendant suffered from losses.