1. Of the judgment of the court of first instance, KRW 2,865,966 against the Plaintiff and its related amount from March 31, 2017 to October 17, 2018.

Basic Facts

On March 28, 2014, from March 28, 2019 to March 28, 2019, the Plaintiff concluded a fire insurance contract with B, which sets the insurance coverage period, for which the total floor area of 66 square meters of the third floor photographer’s floor area among the 4th floor buildings of the Seoul Special Metropolitan City Gwangjin-gu and the cement block structure and cement block block structure (hereinafter “damaged building”) was covered by fire.

On December 17, 2014, a fire (hereinafter “instant fire”) occurred from the telephone bank operated by the Defendant on the third floor immediately above the third floor where the damaged building was located, and a part of the damaged building was destroyed by spreading the damaged building to the damaged building that is lower than the influence building.

On March 30, 2017, the Plaintiff paid KRW 5,731,932 to B, a policyholder, in accordance with the fire insurance contract as seen above.

[Reasons for Recognition] In light of the facts without dispute, Gap evidence 2-1, 2, 3 through 6, and the purport of the entire argument as to the above evidence Nos. 2-1, 3-2, and each of the evidences Nos. 2-3, the defendant's liability for damages arising out of the whole argument as a whole, the defendant's use of a long-time heat heater to melt the boiler pipe connected to winter and did not confirm whether the boiler was abnormal when operating the boiler, and the boiler room was naturally heated and the fire of this case occurred. Thus, the defendant is liable for tort.

As the insurer under the fire insurance contract concluded with B, the Defendant is liable to compensate the Plaintiff for the damages incurred to B due to the fire within the scope of the insurance proceeds paid by the Plaintiff in accordance with the insurer subrogation doctrine.

If the damage amount of the building damaged within the scope of damage compensation liability is added to the statement No. 4 of the entire pleadings, 5,518,593 won is required to restore the building damaged by the fire of this case and the facilities of photographic pipes (=1,138,396 won of the building 4,380,197).