손해배상(기)
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 16,366,883 as well as its annual interest from December 6, 2017 to October 15, 2019.
1. Basic facts
A. The Plaintiff, with the trade name of “D, is a person who operated the KIKO (hereinafter “instant KIKO”) in the building located in Seo-gu Incheon, Seo-gu, Incheon, and the Defendant Company B (hereinafter “Defendant Company”) is a company that provided the Defendant C with the freezing of the refrigerating (hereinafter “F”) as a cooling and manufacturing company, import company, and the freezing of “F” model. Defendant C entered into a contract for the supply of the KIKO (hereinafter “Defendant C”) with the Plaintiff, and established the freezing of this case received from the Defendant Company on August 5, 2016.
B. On September 8, 2017, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with G Co., Ltd. with the content that the non-party company compensates the non-party company for the loss incurred from the building, facilities, and fixtures of the instant KIKO (the maximum amount of KRW 230 million in building, facilities, and fixtures each of KRW 50 million in total) (hereinafter “instant insurance contract”).
C. On December 6, 2017, around 12:00, fire occurred in the instant KIKO, and the facilities, collection fixtures, etc. were destroyed by fire.
(hereinafter referred to as “instant fire”) D.
On July 24, 2018, Nonparty Company paid KRW 66,835,277 as insurance money to the Plaintiff regarding the foregoing carpets’ facilities and carbs’ damages.
E. On November 19, 2018, Nonparty Company filed a lawsuit with the Seoul Southern District Court seeking reimbursement against the Defendants.
(Case Number: Seoul Southern District Court 2018Kadan258122, hereinafter referred to as “relevant civil case”). On June 3, 2019, the Seoul Southern District Court dismissed the claim against the defendant C by the non-party company against the defendant of the non-party company, accepted the claim against the defendant company, but limited the scope of the liability to 40%, and sentenced the same judgment as the attached Table 1.
(Seoul Southern District Court Decision 2019Da258122 Decided June 3, 2019). Moreover, the non-party company and the Defendants did not appeal against the above judgment.