약정금 등
1. Defendant B’s KRW 7,584,740 as well as the Plaintiff’s annual rate of KRW 5% from March 5, 2016 to December 22, 2016.
1. Facts of recognition;
A. On October 7, 2011, the Plaintiff leased the second floor (hereinafter “instant second floor real estate”) of the Incheon Gyeyang-gu building located in Defendant B (hereinafter “instant building”) owned by Defendant B from Defendant B, and “D” concluded a fire insurance contract (hereinafter “the Plaintiff’s insurance contract”) with Defendant Matz Marine Marine Insurance Co., Ltd. (hereinafter “Defendant Matz fire”) with the same content as the Plaintiff’s insurance contract, on November 9, 2012, when the Plaintiff operated the enterprise.
B. Defendant B and E are married couple.
E, around August 7, 2013, entered into an insurance contract with a lot damage insurance company (hereinafter referred to as “shot insurance company”) as indicated in the instant lot fire insurance (hereinafter referred to as “instant lot fire insurance”), and entered all policyholders, policyholders, and owners into the instant lot fire insurance contract as E.
C. A fire around 22:58 on November 16, 2014 (hereinafter “instant fire”) occurred from the instant second floor’s real property due to electrical factors, and the said property was destroyed by a fire.
On June 4, 2015, the Plaintiff, which was destroyed by the instant fire, restored to its original state at the Plaintiff’s expense, and after completing the aforementioned restoration work, agreed with Defendant B as follows (hereinafter “instant agreement”).
CD A A A A B
E. The Plaintiff and a lot insurance company calculated the amount of damages of the part on the second floor of this case due to the fire of this case as KRW 19,002,556. The Plaintiff and a lot insurance company determined that both the Plaintiff’s insurance and lot insurance constituted double insurance (the insured: the Plaintiff’s ownership of the second floor real estate of this case) with respect to the part on the second floor of this case, and dealt with the business of paying insurance money to Defendant B.
F. According to the agreement of this case, Defendant B had the Plaintiff cover insurance money on the second floor of this case 19,002.