1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Facts of recognition

Defendant A leased the part of the first floor (hereinafter referred to as the “instant store”) of Kimcheon-si Building B (hereinafter referred to as the “instant building”) owned by Defendant B and operated the restaurant. On July 23, 2014, the occurrence of a fire not attributable to the cause occurred in the main room of the instant store and the instant building destroyed a part of the instant store and the instant building.

(2) The Plaintiff and the Plaintiff entered into an insurance contract with respect to the instant building, including the instant store, as the subject matter of the insurance (hereinafter “Plaintiff insurance contract”). However, the Plaintiff’s instant insurance contract included the content that compensates for damages incurred to the instant building due to fire.

Defendant A entered into an insurance contract with the instant store and its house and facilities with the Defendant Hansung Damage Insurance Co., Ltd. (hereinafter “Defendant Insurance Company”). The said insurance contract was composed of a fire insurance contract with regard to the instant store and its house and facilities (hereinafter “Defendant fire insurance contract”) and a fire insurance contract with regard to the instant store and its house and facilities, as well as a contingency accident arising from the performance of duties in accordance with the instant store and its house and facilities, and as a result, a damage compensation liability insurance contract (hereinafter “Defendant liability insurance contract”).

On October 1, 2014, pursuant to the Plaintiff’s Insurance Contract, the Plaintiff paid KRW 15,738,196 (i.e., insurance money of KRW 4,877,312, and insurance money of KRW 10,860,884, in addition to the instant store) to B, pursuant to the Plaintiff’s Insurance Contract (i.e., KRW 4,877,312).

The defendant insurance company shall bear the part relating to the instant store in the defendant fire insurance contract and the part relating to the instant store in the plaintiff insurance contract by virtue of duplicate insurance.