Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

1. Basic facts

A. E is the owner of the building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).

Defendant C leased part of the first floor of the instant building from E, and operated a singing practice room (hereinafter “the instant singing practice room”) with the trade name “Homan Bank” (hereinafter “instant singing practice room”).

B. The Plaintiff concluded the F insurance contract with respect to the instant building, with the following content (hereinafter “Plaintiff insurance contract”).

Insured: Insurance period from July 8, 2016 to July 8, 2021: Loss covered by the total amount of insurance coverage of the instant building: 290,000,000 won: Loss covered by the insurance object due to fire (limited to the excess amount exceeding the amount covered by mandatory insurance).

C. Defendant D entered into a contract with Defendant C on the fire liability insurance for publicly-used establishments (hereinafter “Defendant liability insurance contract”) with respect to the instant singing practice room as follows.

The insured: Loss covered by the Defendant C insurance period from August 22, 2017 to August 22, 2018: the damage not covered by the law that is liable for payment to the victim due to fire in publicly-used establishments owned, used, or managed by the Defendant C (the instant singing practice establishments): Where the property owned, used, or managed by the insured was damaged by the property, the limit of the amount of damage compensation for the property owned, used, or managed by the insured: The limit of the amount of damage compensation for the property owned, used, or managed by the insured, to the person who has a legitimate right to the property: the victim may directly claim for the payment of the insurance amount directly against the company in accordance with the terms and conditions,

D. On May 17, 2018, at around 03:58, a fire occurred in the instant singing practice room (hereinafter “instant fire”), and the instant singing practice room was destroyed by a fire, which was caused by a special room, a neglect, a guest room, etc. among the instant singing practice room, and the fire was not only caused by various office fixtures, such as monitoring and reflector, etc., but also by a fire.