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. The same mountain machine Co., Ltd. (hereinafter “the same mountain machine”) is the owner of a factory building located in A (hereinafter “the instant building”) in Silung-si, and B is the lessee of the instant building and operates a metal surface disposal company in the name of “C” from the instant building.

B. In concluding a factory fire insurance contract on the instant building between the Plaintiff and the Plaintiff, the period of insurance was from February 8, 2015 to February 8, 2016. From February 2016, the insured was the same period of insurance, and the goods covered by the insurance coverage were the damages caused by fire. B concluded a contract with the Defendant on the instant building and on the entire of the machinery and metal raw materials expropriated within the instant building, a non-dividend professional fire fluor fire fluor security insurance (hereinafter “instant insurance”) with respect to all of the movable property of the instant building and the instant building, and agreed that the insurance period was from August 23, 2013 to August 23, 2016, the insured was the goods and physical disability suffered from a fire or explosion caused by the goods covered by the insurance policy, as well as the goods and physical disability caused by the fire or explosion.

C. However, at around 22:00 on October 26, 2015, a fire presumed to have been naturally occurring in luminous stacks, etc., which were accumulated by work workers of C in the process of treating metal surface (hereinafter “instant fire”) from the instant building, and the wall surface of the instant building was lost due to the instant fire.

Accordingly, on January 13, 2016, the Plaintiff paid KRW 5,708,275 of the insurance money due to the damage from the wall surface of the instant building to the same mountain machine.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Plaintiff is an insurer who paid damages to the same period of time caused by the instant fire, barring any special circumstance, as insurance proceeds, pursuant to Article 682 of the Commercial Act.