구상금
1. The judgment of the court of first instance is modified as follows.
Defendant B’s KRW 10,050,000 for the Plaintiff and that on March 2018.
1. Facts of recognition;
A. On April 26, 2013, the D concluded a lease agreement with Defendant B on the 5th, 6th, and engine room among the buildings located outside E and one parcel (hereinafter “instant building”) owned by Defendant C on behalf of the Defendant C, and operated the letter “F” in the name of “F” from the leased object (hereinafter “F”).
B. In the above lease agreement, the special contract clause provides that “1. Closure repair shall be the lessee. 7. 200 million won shall be the joint and several sureties. (All the civil and criminal responsibilities arising from the lease after rent shall be the responsibility of B).”
C. Around September 2013, the Plaintiff, an insurance company, entered into an insurance contract with D, “insured D,” “from September 12, 2013 to September 12, 2018,” and “G” with “the subject matter of the instant insurance contract” (hereinafter “instant insurance contract”). Around September 2, 2013, the Plaintiff determined that the instant insurance contract compensates for losses within the limit of one billion won with respect to damage due to the management failure of the facilities of the instant friendship.
The water tank for the instant rainy (hereinafter “water tank”) was located in the machinery room on the first floor of the instant building, but around January 29, 2015, water leakage was generated, causing damage to H who operates the marina in the instant building to cover water.
E. H filed a lawsuit for damages claim against D with the District Court 2015Kadan1596, the appellate court (the District Court 2015Na9050) paid D the amount of KRW 34,00,000 to H by September 23, 2016. The final and conclusive decision of recommending settlement made by August 29, 2016. The Plaintiff, the insurer, paid H the amount of KRW 33,50,000 (excluding KRW 500,000) to H as insurance proceeds.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 5, Eul evidence 1, Eul evidence 1, and the purport of the whole pleadings.