1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim as to the above cancellation part is dismissed.

Basic Facts

The parties concerned are insurers who concluded fire damage insurance contracts with D with respect to the buildings, office fixtures, facilities, etc. of screen golf courses located on the second floor of the above building, among buildings located on the second floor in light light time C (hereinafter “instant building”). The Defendant is a person who operates a restaurant with the trade name “E” on the first floor of the above building.

On October 31, 2015, around 05:00, the instant fire and damage occurred and the payment of insurance proceeds, and at the restaurant operated by the Defendant on the first floor of the instant building, the occurrence of fire occurred, and the said fire caused damage to the buildings, fixtures, fixtures, and facilities of the screen golf course located on the second floor due to the said fire.

The Plaintiff, as an insurer of the second floor lessee D, paid insurance proceeds of KRW 74,285,228 in total to D on February 5, 2016.

In the lower part of the instant building on the fire site floor plan, there are simple warehouses (opens with no walls and only roof and columns) used by the Defendant for the purpose of storing food materials, etc., and there was a water tank inside a simple warehouse.

The outside of a simple warehouse is located as follows: a pande and a pande in the outside of the building, and two pan-electric meters connected with the first floor and the second floor on the outer wall of the building.

E As a result of the fire investigation of this case and the fact-finding on the relevant agencies, G (C husband) operating the F above, had contact with H to the fact that the fire occurred in H, thereby confirming the occurrence of the fire.

There are CCTVs that cut the first floor from F. At the time of the fire, all CCTVs are not considered to be cut, and the fire is confirmed by securing all CCTVs from H company I. While the scene of the fire is not visible, screen pictures are taken so as to be able to know that the fire occurred on the CCTV screen. On the 04:12 on the date of the fire, the fire is weak, and the fire is protruding, and the fire is often turned off at the around 30 minutes thereafter.