공제금
1. The defendant shall pay 40,011,140 won to the plaintiff and 12% per annum from July 1, 2020 to the day of complete payment.
Facts of recognition
From October 2008, the Plaintiff registered and operated D’s Mourel (hereinafter “instant Mourel”) in the name of wife E on the five-story building owned by the Plaintiff himself in the Masung-gun.
On September 2, 2012, the Plaintiff entered into a general fire mutual aid agreement with the Defendant (the period of mutual aid: from September 2, 2012 to September 2, 2015; and the amount of mutual aid for buildings and appurtenant facilities: KRW 160 million; hereinafter referred to as the “instant mutual aid agreement”) with respect to the instant franchise, and paid the mutual aid fee.
On the other hand, on January 23, 2014, the Plaintiff entered into a fire insurance contract (the insurance amount for the building: KRW 600 million; hereinafter “instant insurance contract”) with the F Company (hereinafter “Nonindicted Company”) and paid the insurance premium.
On June 23, 2014, around 04:00 to 05:00, a fire was destroyed on the 2,3, and 4th floor (hereinafter “instant fire”) and some of the buildings were destroyed.
Article 7 (Compensation for Loss) (1) Group B shall include a fire.
hereinafter referred to as the "accident"
1.The direct damage caused by an accident (2) The Organization B shall pay the contractor or the Insured additional costs incurred in the event of the damage caused by the danger guaranteed by paragraph 1: 1. The cost of removing the remainder: the cost of dismantling the remainder at the site of the accident, the cost of cleaning (the cost of removing the soil, air and water in the site of the accident and its neighboring areas, and the cost of discharging the waste after being loaded on the other hand:
(1)The costs of carrying and transporting vehicles shall not be paid, provided that in paragraph (1) the purpose of the deduction is to cover the damages or to cover the damages arising from the removal of the risks in accordance with the relevant laws and regulations. Article 8 (Non-Compensation Category B) shall not be compensated: