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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff who falls under the revoked part is against the defendant.
Reasons
1. Basic facts
A. The Defendant is operating a fitness that “F” by leasing 9,10 stories of the building for living facilities near the E located in Bupyeong-si owned by D (hereinafter “instant building”).
G The fourth floor of the instant building was leased and operated by the hospital, and H was leased and operated by the second floor, respectively. The Plaintiff is an insurer who has concluded a non-life insurance contract with G and H as an object of insurance.
B. On October 20, 2019, around 22:41, 2019, a fire occurred in the Defendant’s above health room for female heading 9 stories (hereinafter “the instant fire”), and as the number of fire spreaded in the process of extinguishing the fire flows down below, G hospital and H’s beauty art room, damage was inflicted on G hospital and H’s beauty art room.
(c)
The results of the investigation by the competent fire station and the police station on the fire situation, causes, etc. of the instant case are as follows.
On-site situation and cause of fire - The rooms of female fire or internal walls are relatively strong compared to outside points (the strong fire caused by the expansion of the burning of trees), and the direction of burning in the direction of the shower room in the above floor through the tent is presumed to be the point of combustion. There is no injury to human life, and there is no other structure, such as rain or internal structure, and there is injury to water level - there is electricity equipment such as fladry, machinery, electric rackers, electric rackers, electric lamps, etc. - there are electric equipment such as electric rackers or electric rackers which were destroyed in the upper and upper racks and fireed in the strong racks with strong upper and upper racks, and electric ruptures are separated from electric equipment such as rain or internal rackers, and electric ruptures are separated from electric equipment such as electric ruptures and electric ruptures.