구상금
1. The Defendant’s KRW 42,523,592 as well as the Plaintiff’s annual rate from May 27, 2015 to November 2, 2016.
1. Around November 6, 2012, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the insured as to the building C on the Namyang-si, Namyang-si, the insurance period between November 6, 2012 and November 6, 2015 with respect to the building B (hereinafter “building A”) and the insurance period from November 6, 2012 to the total insurance amount of KRW 100,000,000.
B. From December 2010, the Defendant directly operated the “F” furniture factory on the first floor of the E-owned factory building (hereinafter “Second building”) which is directly adjacent to the building No. 1, and Nonparty G operated the “H” on the second floor.
Article 28(1) of the Civil Act provides that “No one shall be the third floor dormitory of the third floor of the building (hereinafter referred to as “the first floor dormitory”) between the third floor of the building (hereinafter referred to as “this case dormitory”) and the third floor dormitory of the building (hereinafter referred to as “the second floor dormitory”) was destroyed by fire on March 6, 2015.
(hereinafter referred to as “instant fire”). The Plaintiff paid KRW 60,747,989 to B on May 26, 2015, with the insurance proceeds from the instant fire in accordance with the instant insurance contract.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the fire of this case, which had been dried from the studs of a chemical studs (the second roof) in the Defendant F plant located in the second floor of the building, was stuck to the fallen leaves and the wooden dust on the second roof, etc., which were stored on the second floor, and was moved to the studs of the second floor, and the fire was laid to the studs of the second floor, and the damage was incurred to the 60,747,989 won was laid to the studs of this case, and accordingly, the insurance money under the insurance contract of this case was paid to the plaintiff who acquired the right to indemnity by subrogation of the insurer, and thus, the defendant is obligated to pay the above 60,747,989 won and damages for delay.
As to this, the defendant first has the fire of this case from the strings of the fire in the factory of the defendant.