1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. The status of the party (1) The Plaintiff is the insurer who concluded a fire insurance with D Co., Ltd. (hereinafter “D”) and the first floor of the I building in Dongdaemun-gu Seoul Metropolitan Government.

(2) The Defendant is a person who leased a temporary building on the F ground of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”) located adjacent to one building and sold automobile parts in the name of “G” at that place.

B. (1) On June 16, 2016, the occurrence of a fire occurred on the side of the instant building (hereinafter “instant fire”) and the fire became to have been spread out into I building.

As a result, G store was destroyed by fire, and the studio of D store in the 1st floor adjoining the building of this case was destroyed by fire.

(2) As a result of the joint survey on the point and causes of the outbreak of the instant fire, the Seoul Provincial Police Agency’s Scientific Investigation Team, the Seoul Dongdaemun Police Station, the Seoul Fire Headquarters, the Seodaemun Fire Headquarters, and the Korea Electrical Safety Corporation conducted a joint investigation on the point and causes of the outbreak of the instant fire.

In light of the fact that it is impossible to determine the specific cause of combustion as a result of the fire site identification, it is found that the above part is relatively considerably damaged, such as the passage and office of the G entrance, and the steel framed and structure of toilets are collapsed strongly, and that the scams are distinctive on the distribution line of the branch office of the above part, the scams and smokes can be confirmed in the G office part of CCTV film material, and that the scams and smokes are spreading from the G 1/3 point of G at the time, and that the statements of the person related to the “J” (the fourth-story occupant company in the I building) witnessing that the scams are spreading in the direction of the I building at the time of G 1/3, and that the scams are consistent with the burning shape.

C. (1) On November 11, 2016, the Plaintiff investigated the details of the instant accident regarding the amount of damages, etc. as follows, and compared to the insurable value out of the amount of damages that was the insurance proceeds from the instant fire.