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. Basic facts

A. The Plaintiff is an insurer who entered into a contract under the E (hereinafter “instant insurance contract”) with C on the building of the apartment house on the second floor in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Plaintiff’s building”) and the general household expenses. The Defendant is the owner of the multi-family house and outdoor storage of the second floor in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Defendant warehouse”) adjacent to the Plaintiff’s building.

B. At around 15:00 on July 15, 2019, a fire (hereinafter “instant fire”) occurred around the Defendant’s warehouse, and some of the said fire, such as the house stuff, outer wall, etc. located on the left side of the Defendant’s warehouse, was destroyed.

The point of origin is presumed to have been first launched in the vicinity of the defendant warehouse, and the cause of fire is presumed to have been caused by the unexplosive causes in the vicinity of the defendant warehouse, and the electrical generated characteristics are not recognizable at the point of origin. Therefore, the possibility of outbreak due to electrical factors is excluded from the point of origin where there are no machinery and gas equipment and no other special features are distinguished. Therefore, it is difficult to conclude that the possibility of generation due to mechanical and gas factors is generated by the excluding the possibility of generation by the residents of the head of the Ho who have caused the cigarette butts, such as CCTV images, by deeming the tobacco butts after smoking to have been cut out outside of the studos.

C. The results of the examination on the point and cause of the fire of this case are as follows.

The results of the examination by the Mine Police Station on the point and cause of the fire of this case are as follows.

In the defendant warehouse where a fire occurred, although the electric lights, contact sets, boilers, etc. installed near the fire that could have confirmed the absence of electrical equipment were investigated, it is presumed that the occurrence of a fire is unlikely to occur due to the outbreak of electricity when the electric characteristics cannot be identified.