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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. (1) On January 14, 2016, around 21:16, a fire occurred in the warehouse-type tent outside the 5th floor of the building C, which is the five-story building located in Ansan-si B, Ansan-si, the first floor of the building C, and then, the PC was destroyed by burning the entire PC and then damaged by burning the entire 5th floor of the building. (2) The tent owner was installed in the PC room, and the PC operator was stored in the storage of the exhaustr, such as gas and oil, etc. that are not used by the PC lighting, etc. inside the inside, but at that time, the PC room operator was able to listen to the sound followed by the PC room, and then filed a report by a fire in the tent.
3) As an analysis of the causes of fire is presumed to have been launched from the bottom of the PC outside tent, it concluded that the entire building was rapidly burned through toilets and PC embankments, etc. adjacent to the building, and that the electric shock tracess were distinguished from the outer wall of toilets near the point of launching the fire, but it cannot be specified as a direct heat source, and that the possibility of combustion caused by human corrosion cannot be completely ruled out. Accordingly, it cannot be known that all of the devices related to combustion heat sources, fire extinguishing factors, first arrival cargo, and fire extinguishing are known, and the combustion expansion is an inner object of the PC and the cause of expanding the combustion was a sudden combustion of the combustible material. 4) The Omsan Police Station concluded that the possibility of fire by electric wires cannot be ruled out, while it cannot be ruled out that there was no possibility of fire by electric wires.
B. The parties concerned 1) E owned the C Building 302, and operated the F Office. However, the Plaintiff concluded an insurance contract with E to compensate for the damage caused by fire with respect to 302 of the instant building. 2) No. 112 of the C Building with D was owned by G, and the Defendant was the lessee.