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.

1. Basic facts

A. On December 3, 2012, the Plaintiff is an insurer who entered into an agreement with C on the “E” (hereinafter “Plaintiff’s insurance contract”) with respect to an aggregate building of the first basement and the sixth floor size above the ground located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) with respect to which the insurance period was set from December 3, 2012 to December 3, 2017 and the compensation, etc. for damage caused by a fire accident, etc. (hereinafter “Plaintiff’s insurance contract”).

B. F is an insurer who, around August 22, 2013, entered into a contract for fire liability insurance (hereinafter “Defendant’s insurance contract”) with respect to the instant singing practice room (hereinafter “the instant singing practice room”) with the name of “J” on leased No. 1/2 shares of G and H, and the Defendant is an insurer who entered into a fire liability insurance contract for the instant singing practice room (hereinafter “Defendant’s insurance contract”) with respect to the instant singing practice room around August 22, 2013 with the insurance period from August 22, 2013 to August 22, 2016.

C. On September 7, 2015, around 03:05, a fire (hereinafter “the instant fire”) took place in a singing practice room of this case, and a part of a house and equipment were installed, and the wall of the instant singing practice room and a tent were destroyed by fire. Meanwhile, damage was inflicted on the first floor, corridor, stairs, and toilets below the instant building.

As a result of the investigation conducted by the competent police station and the fire station on the instant fire, the main contents of the investigation written by the competent fire station are as follows.

The basis for determining the point of origin

3. The basis for determining the cause of the fire, at the conclusion of the point of combustion, is that this fire is first ignited as a cause source of a knife and an indoor part, and thus burning a knife and an indoor part and expanding the inner part of the knife and is determined by a fire brigade;

1. The possibility of combustion by cigarette butts shall not be excluded from the whole area of plastic stop, the surrounding part, and the fact that the part below the package presumed to be inflammable out, is destroyed by fire and smoke;

2. Fire prevention;