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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) are insurers running insurance business, etc., and the Defendant A is the sectional owners and occupants of Tong Young-si B apartment (hereinafter “instant apartment”) No. 206 Dong 102 and 102.
B. On June 28, 2016, the Plaintiff entered into a housing fire insurance contract (hereinafter “the instant fire insurance contract”) with respect to the instant apartment complex’s council of occupants’ representatives, the instant six apartment buildings, auxiliary facilities, buildings, and household housing districts in the instant apartment complex, with the insurance coverage amounting to the total amount of 48,566,798,150 won, and the insurance coverage period from June 29, 2016 to June 16:00 to June 16:00, 2017. The scope of damages covered under the terms and conditions of the instant fire insurance contract is “direct damage, fire-fighting, and escape damage”.
다. 2016. 8. 9. 16:00경 이 사건 아파트 206동 102호 베란다에 설치되어 있던 에어컨 실외기 전선부분에서 단락(短絡)이 발생하여 화재가 발생하였고, 위 화재의 연기로 인해 이 사건 아파트 206동 203호의 벽지, 옷 등이 훼손되었다. 라.
On November 23, 2016, the Plaintiff paid insurance money of KRW 1,831,374 to C, a sectional owner of the instant apartment, 206 Dong 203, pursuant to the instant fire insurance.
E. Meanwhile, Defendant A entered into a contract for daily life liability insurance (hereinafter “instant liability insurance”) that guarantees liability for damages to another person’s physical disability or property due to unexpected accidents arising during the ownership, use, management, or daily life of Defendant Hyundai Sea and Housing (hereinafter “instant liability insurance”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings
2. Determination as to the cause of claim, etc.
A. According to the above facts, the fire in this case occurred due to the defect in the installation or preservation of electric wires for the out-of-the-air cables.