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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the building of the first and fifth underground in Busan Dong-gu, Busan (hereinafter “instant building”), the Plaintiff is an insurer who purchased a fire insurance contract with B, the owner of the instant building, and between January 8, 2015 and January 8, 2016, with the insurance amount of KRW 150,000,000.
B. On March 11, 2014, E (hereinafter “the deceased”) entered into a lease agreement with B, setting the entire three floors of the instant building as KRW 24 months from April 10, 2014, deposit for rent of KRW 80,000, monthly rent of KRW 550,000, and entered into an international marriage brokerage agreement with the name of “F” at the instant office.
C. On June 27, 2014, the Deceased entered into a marriage brokerage contract with G and Vietnam women, and around August 20, 2014, the Deceased mediated marriage with G and Vietnam women.
However, even after completing the local marriage with G, the above Vietnamese women failed to pass the Korean Language Skill Test necessary for domestic entry. D.
G, around 10:55 on March 27, 2015, at the instant office, was disputing the deceased, G was fluoring the width contained in the plastic box prior to the preparation year into the body of the deceased and fluoring it into the body of the deceased. As a result, there was a fire (hereinafter “the instant fire”) on the third floor of the instant building if the telegraph and the width of the deceased were to be moved to the damaged floor, and the fire was caused to the entire third floor of the instant building.
E. As a fire of this case, the Deceased was killed, and the Defendant also posted a picture at the instant office, and was on board the ceiling, floor, inner and external wall breakings, internal partitions, and windows, etc. of the instant office.
F. On June 9, 2015, the Plaintiff paid KRW 23,640,589 insurance proceeds from the instant fire to B’s agent D (the manager of the instant building subject to the punishment of B).
G. As a bereaved family member of the deceased, the wife and the son were the Defendant, and the wife of the deceased renounced the inheritance to the deceased.