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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. On November 1, 2013, the Plaintiff entered into a lease agreement between the Defendant and the captain of Busan-gun, with respect to KRW 100 million, KRW 70,000,000 per month of rent (in addition to value-added tax, payment in advance on the first day of each month), and from November 1, 2013 to October 31, 2015 (hereinafter “instant lease agreement”). At that time, the Plaintiff was transferred the instant commercial building from the Defendant and operated the head office with the trade name “D”.
B. On June 6, 2015, around 09:48, at the entrance of the instant commercial building, a fire occurred along with continuous “integrative” sound, and a smoke flows into the instant commercial building to the inside of the instant commercial building, and the damage was inflicted on the water erosion and damaging the interior facilities of the instant commercial building due to a shot water that was shot at the time of extinguishment.
(hereinafter referred to as “the instant fire accident”). The Busan District Fire Station, which investigated the scene of the instant fire accident, concluded that “the cause of the instant fire accident is presumed to have been destroyed due to the destruction of the smoke from the digital high-hour meter of the first floor and the low-water contact point of the first floor to be the cause of the instant fire accident.”
C. On January 4, 2016, the Plaintiff received fire insurance amounting to KRW 34,335,463 (=insurance amounting to KRW 11,252,777) from the Dong Fire Insurance Co., Ltd., which entered into a fire insurance contract (15,00,000,000,000,000) with respect to the instant fire accident in relation to the instant fire accident (i.e., the insurance amount of KRW 11,252,77,00).
[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 3, 5, 6, 7; Eul evidence No. 12 (including paper numbers; hereinafter the same shall apply); the result of the on-site inspection conducted by the court of the first instance; the Busan Police Station of the court of the first instance; the result of each fact-finding inquiry into Busan Fire Station; the purport of the whole pleadings;
2. Determination as to the claim for damages
(a)the Parties;