1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On February 6, 2015, the Plaintiff concluded a factory fire insurance contract with C (hereinafter referred to as “C”) with respect to a factory building located in Silung City D (hereinafter referred to as “instant building”), which is owned by C, from February 8, 2015 to February 8, 2016, with respect to the insured period C and the insurance period of 1,020,000,000.

B. On December 30, 2011, the Defendant: (a) established a company E (hereinafter “Nonindicted Company”) for the same business purpose, etc. on October 28, 201, in which the Defendant leased the instant building from C, and operated the said company as the representative director of the Nonparty Company.

C. A fire, around 22:00 on October 26, 2015, which was presumed to have been naturally emitted from luminous stacks, etc., which had been accumulated by the Defendant’s employees in the process of treating the metal surface (hereinafter “instant fire”). The instant fire caused the wall of the instant building to be destroyed by fire, and C suffered damage of KRW 11,416,550.

On January 13, 2016, the Plaintiff paid insurance proceeds of KRW 5,708,275 (hereinafter “instant insurance proceeds”) due to fire on the wall surface of the instant building (hereinafter “instant insurance proceeds”).

[F] F Co., Ltd. (hereinafter “F”), the insurer of the Defendant, 5,708,275 won, the remainder of 50% of the damages.

) A payment was made to C. E.

The Plaintiff filed a claim against F, the Defendant’s insurer for the instant insurance proceeds in subrogation of C’s claim for damages under Article 682 of the Commercial Act. However, the Defendant and F, as an exemption clause under the insurance terms and conditions concluded between the Defendant and F, constitutes “liability to compensate for damages incurred by the insured’s property, if the property owned, used, or managed by the insured was damaged, to the person who has a legitimate right to such property,” and F is exempted from liability to compensate the Defendant for damages incurred to the instant building itself.