구상금
1. The plaintiff's primary claim against the defendant B is dismissed.
2. Defendant C shall pay to the Plaintiff KRW 26,938,180.
1. Basic facts
A. D, from March 2017, leased part (area 198.96 square meters) of the fourth floor of G building located in Dong-gu, Gwangju, Dong-gu (Dong-gu, Gwangju) from Defendant C, the owner of the G building, operated the hall in the name of “H party site” at that place.
B. On February 9, 2017, Defendant B leased 4th floor I of the G Building (hereinafter “instant leased object”). Defendant B, the owner of the instant leased object, from Defendant C, the Plaintiff leased 3 units of the G Building (hereinafter “instant leased object”). Since March 1, 2017, Defendant B operated food-oriented distribution business with the trade name “J” at the same place.
C. On July 27, 2017, at around 04:23, a fire (hereinafter “instant fire”) occurred in the leased object of this case, and the occurrence of a fire that destroyed the building, facility, and fixtures of the adjacent D operation.
On the other hand, between D and D on March 22, 2017, the Plaintiff concluded the following insurance contract (hereinafter “instant insurance contract”) with the content that guarantees the damage, etc. caused by fire by taking the said H party site as the subject matter of insurance.
It seems that the name of "G building" in the Ma building in the Dong-gu, Gwangju is combined with the name of "G building" in the insurance type K insurance securities number L policyholders D insured D insurance subject matter.
4. A building (part of 4 stories: 293,00,000 square meters) with an insurance coverage period from March 22, 2017 to March 22, 2022 (5) with an insurance coverage period of KRW 293,00,000 (including signboards) with an insurance coverage amount of KRW 10,000,000,000, total of KRW 323,000,000 fire damage security, and insurance conditions other than a special contract for fire fine security;
E. The Plaintiff paid KRW 26,938,180, and KRW 19,585,966 as insurance proceeds for building damage on December 14, 2017, in accordance with the instant insurance contract with D with regard to the damage incurred by the instant fire to H head of H head office, according to the instant insurance contract with D, respectively. < Amended by Act No. 1483, Sep. 20, 2017; Act No. 1585, Dec. 14, 2017>
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, 15 to 17, Eul evidence 1, 2, and Eul.