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All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and the appeal.
Reasons
1. Basic facts
A. (1) The Plaintiff, who runs the insurance business, entered into a fire insurance contract (hereinafter “insurance contract of this case”) with D, with regard to the Fhodong-gu E Building (hereinafter “instant building”) and the house fixtures and facilities within the instant store from August 29, 2014 to August 29, 2019, with regard to the insurance period as to the entirety of the building and facilities within the instant store.
(2) On April 2, 2014, D initially concluded a lease agreement with Defendant B, the owner of the instant building, to set the instant store as KRW 100 million from April 2, 2014 to May 31, 2015, and to lease KRW 7.5 million from May 31, 2015, and Defendant B paid the said lease deposit KRW 100 million to Defendant B, and then operated a restaurant at the instant store upon delivery. On June 1, 2015, D concluded a new lease agreement with Defendant B to lease the instant store as KRW 100 million from June 1, 2015 to May 31, 2017 (hereinafter “instant lease agreement”).
(3) Defendant C Co., Ltd. operating insurance business (hereinafter “Defendant C Co., Ltd”) concluded a fire liability insurance contract for the instant building, including the instant store, with Defendant B.
B. (1) A fire occurred on November 27, 2015, around 10:57, on the instant building (hereinafter “instant fire”). A fire was destroyed by a simple warehouse, main part among the instant stores, and a tent, etc. of a hole.
(2) The amount of damages for the instant facilities, such as the household fixtures, within the instant store due to the instant fire (hereinafter “instant damages”). The Plaintiff was KRW 193,527,042, and pursuant to the instant insurance contract, on February 17, 2016, KRW 130,000,000 (hereinafter “the instant insurance proceeds”).