1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On November 15, 2013, the Plaintiff is an insurer that entered into a non-distribution home comprehensive insurance contract (hereinafter “instant insurance contract”) with respect to the third floor of the building between A and Ulsan Metropolitan City, Ulsan Metropolitan City B (hereinafter “instant building”) including the content that compensates the damages incurred to the building and general household goods, etc. due to fire.

B. The Defendant is an insurer who concluded a fire insurance contract regarding general restaurants “D” operated by C, etc. on the first floor of the instant building.

C. On May 29, 2017, at around 08:30, a fire (hereinafter “instant fire”) occurred in a provisional building installed under the said Part “D” (hereinafter “instant provisional building”) and the third floor of the instant building and the general household goods were partly destroyed.

The summary of the results of each investigation of the fire extinguishment point and the cause of the fire in this case is as follows.

The point of combustion in Ulsan, Namnam, fire fighting department: It is presumed that a fire occurred in a building that uses charcoal for the purpose of avoiding it, and the indoors have been expanded to the indoors due to sudden combustion of inflammable substances, such as sand site panel, etc. The cause of combustion: The door door of the household building presumed to be the point of combustion is not flat, so it is possible for outside people to have access, so fire possibility cannot be ruled out, but water evidence, etc. cannot be found at the site. In the case of electrical factors, there is a situation where the ceiling part was collapse and collapse, and it is impossible to excavate, and water evidence, etc. is not secured to be suspected that it was directly caused by fire such as a shots.The point of combustion treats the fire for the purpose of bend, but it is probable that at least 10 hours in time after the completion of the business could have served as the source of combustion or shoting of carbon shots that flow out. The building of this case is likely to prove the possibility of smoking on the floor of this case.