청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is operating dental services with the trade name “Cental” in the 2nd floor, 201, 202, 202, Jeonnam-gun B Apartment-dong, and D is operating a click point with the trade name “E” in the 1st floor, 101, 102, and 103, the 1st floor of the same commercial building.
B. On June 12, 2013, at around 08:56, a fire due to electrical causes (hereinafter “instant fire”) occurred in the Defendant’s dental branch’s operation, and in the process of extinguishing the said fire, flood damage was inflicted on water by flood-proof fire waterways.
C. Meanwhile, between D and D, the Defendant entered into an insurance contract with the purpose of insurance on the buildings and facilities of the instant gold spug property comprehensive insurance with the aim of insurance, and the Defendant paid KRW 14,182,404 as non-life insurance money to D who suffered from flood damage due to the instant fire until July 2, 2013.
After that, the Defendant filed a lawsuit against the Plaintiff with Seoul Southern District Court No. 2013Gau47341, and filed a lawsuit against the Plaintiff for reimbursement on August 1, 2013, that “the Plaintiff shall pay to the Defendant 14,182,404 won and the amount calculated at the rate of 5% per annum from July 3, 2013 to the date of delivery of a duplicate of the complaint, and 20% per annum from the next day to the date of full payment” (hereinafter “instant decision on performance recommendation”). The instant decision on performance recommendation was finalized around that time as both parties do not raise any objection.
E. On April 14, 2017, the Defendant applied for a compulsory auction against the Plaintiff’s real estate to the Gwangju District Court F based on the decision on the instant performance recommendation, and the procedure was commenced. On April 14, 2017, the Plaintiff paid KRW 26,216,06 to the Defendant totaling the principal and interest of the instant performance recommendation decision and the expenses for filing an application for compulsory execution.
[Grounds for recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 10, and the purport of the whole pleadings.