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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As between April 5, 2013 and B, the insured period is from April 5, 2013 to April 5, 2016, the Plaintiff is an insurer who entered into an insurance contract of non-payment merz-based (hereinafter referred to as the “instant insurance contract”) with the main points of the building, facilities, collection fixtures, inventory assets, the purchase price of which is KRW 1.3 million in the building, facilities, office fixtures, and inventory assets, the total amount of which is KRW 30 million in the total amount of KRW 30 million in the insurance period from April 5, 2013 to April 5, 2016.
B. Defendant A, on May 14, 2014, operated datpets (hereinafter “E”) in the name of “E” among the instant buildings on the condition that Defendant A leased 205 and 305 of the second floor and 205 of the instant building, and the insurer who entered into a fire liability insurance contract, etc. (hereinafter “Defendant Company”) with Defendant A with respect to E on June 5, 2014.
C. The second floor plan of the instant building is as follows.
On December 13, 2014, around 22:31, 2014, a fire (hereinafter “the fire in this case”) occurred in a material warehouse and a resting room on the second floor E (hereinafter “the material warehouse or a resting room”) and the window / glass, signboard, etc. of D’s outer wall / glass, etc. were small, and the office fixtures and inventory assets, such as a studio, an electric light, such as a ceiling, a wall, and a floor, were damaged.
E. The results of the investigation conducted by the competent police station, fire station, and Korea Electrical Safety Corporation of the fire of this case are as follows:
(1) The Gyeonggi Provincial Police Agency’s Second Scientific Investigative Team (hereinafter “KAG”) is deemed to have been first launched on the ground of the 2nd warehouse room of E. (2) the roof of a warehouse (which constitutes a material warehouse of the above ground plan; hereinafter the same shall apply) located on the 2nd warehouse (which is located on the 1st warehouse of the above ground plan).