추심금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Basic facts
A. On January 31, 2012, the Defendant leased 270 square meters (hereinafter “instant store”) from among three-story factories on the ground of the first floor above the third floor (hereinafter “instant six-story factories”) in Ansan-si, the Defendant owned by the Defendant to B (hereinafter “B”) on January 31, 2012, the lease deposit amount of KRW 37,800,000 (excluding value-added tax), monthly management expenses (excluding value-added tax), KRW 270,000 (excluding value-added tax), and the lease period of KRW 37,80,000 from February 1, 2012 to January 31, 2017 (hereinafter “lease”).
B. On July 1, 2007, the Defendant: (a) around 432 of the 6-dong factory of this case adjacent to the instant 6-dong factory of this case: (b) leased D deposit of KRW 60,480,000; (c) monthly rent of KRW 6,048,000 (excluding value-added tax); (d) monthly management fee of KRW 432,00 (excluding value-added tax); and (e) D operated a factory with the trade name of “E” at the said 6-dong factory of this case.
(hereinafter referred to as the “E-Lease”) c.
B On May 3, 2012, when the instant store was occupied and used, around 21:55, a fire (hereinafter “the instant fire”) occurred inside the instant store, and the instant six-dong factory was replaced by three floors, such as a fire that occurred in the instant store, and the machinery, office fixtures, and fixtures, etc. that are destroyed to the leased part, were destroyed.
Meanwhile, on September 7, 2011, the Plaintiff paid KRW 425,218,761 in total insurance proceeds to D in accordance with the insurance contract on September 7, 2011, with respect to machinery, facilities, inventory assets, and office fixtures, etc. in the leased part, with the insurance period from September 7, 2011 to September 7, 2012, the insured D, insurance amount of KRW 778,00,000, and paid KRW 425,218,761 to D in accordance with the insurance contract on August 28, 2012.
E. Accordingly, the Seoul Central District Court’s claim against B on January 11, 2013 for the payment of the said KRW 425,218,761 and damages for delay.