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The defendant's 152,829,191 Won and its related 6% per annum from May 31, 2018 to January 14, 2021 to the plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a company running tools wholesale and retail business, etc. in the Pyeongtaek-si’s ground building owned by the Plaintiff (hereinafter “Plaintiff’s store”).
2) Around 2016, D leased a F-based building adjacent to the Plaintiff’s store, and thereafter operated a mutual food service store of “G” (hereinafter “instant store”) from around that time. The Defendant is an insurer who entered into a fire insurance contract (hereinafter “instant insurance contract”) with D as to the instant store, including the following matters, around April 2016:
Insurance period: The coverage period: from April 12, 2016 to April 12, 2021, the coverage coverage coverage coverage coverage coverage coverage coverage coverage coverage coverage coverage coverage of the object, the actual amount of damages in proportion to the actual amount of damages at the time of the occurrence of a fire (e.g., a basic contract). The coverage coverage coverage coverage coverage of KRW 20 million in proportion to the actual amount of damages at the time of the occurrence of a fire (e.g., a base contract) at the same time as the
B. On January 30, 2017, a fire occurred on the line of the instant store, installed at a friendly work site inside the instant store, due to electrical factors. The fire spreaded to the instant store and the neighboring store including the Plaintiff store (hereinafter “instant fire”). The instant fire, which led to the fire, goods, etc. stored inside the instant store, the Plaintiff store, and each of the instant stores were relocated.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 14, Eul evidence No. 1 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant fire occurred due to the Plaintiff’s breach of the duty of care to preserve and manage the building D. Since the instant fire occurred due to the Plaintiff’s property damage, D is obligated to pay the Plaintiff KRW 4,103,814,490 as compensation for damages caused by the tort.
On the other hand, the fire of this case caused damage to D, as the goods, such as the house, facility, etc. stored inside the store of this case, were removed.