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

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a fire insurance contract with the insured D by setting the insurance period from May 15, 2009 to May 15, 2010 with respect to the building located in the So-dong-gu Busan Metropolitan City (road name address: Ildong-gu E and thereafter, “the instant building”).

B. The Defendant, under the name of the co-defendant A of the first instance trial, leased approximately 20 square meters on the left-hand side of the first floor of the instant building (hereinafter “instant store”) at KRW 10,000,000, monthly rent, and KRW 800,000.

C. The Defendant, who was requested D, etc. to deliver the instant store intentionally, caused a fire to the instant store, and caused the building to be cut up to the upper floor through the floor, wall surface, and tent of the said store, thereby setting up to the front bend of 201, the second floor, and the third floor, destroyed the building to have an amount of KRW 111,585,970 to repair cost (hereinafter “the instant fire”). On December 10, 2010, the Defendant was indicted as charges of murder, homicide, and fire-prevention with the Goyang District Court’s high support (No. 2010,207) and was convicted of all the charges charged by the said court on December 10, 2010.

On May 13, 2010, the Plaintiff paid KRW 62,379,914 as insurance money for the damage of the instant fire to D.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2 and 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay 62,379,914 won and delay damages to the plaintiff who acquired the right to claim damages against the defendant under Article 682(1) of the Commercial Act within the extent of the above insured amount, unless there are special circumstances.

B. As to this, the defendant defense that the above right to claim damages has expired by prescription.

According to Article 682 of the Commercial Code, if the damage was caused by the third party's act, the insured amount.