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1. The Plaintiff (Counterclaim Defendant) paid KRW 12,573,737 to the Defendant (Counterclaim Plaintiff) and its related amount from December 31, 2015 to November 6, 2017.
Reasons
1. Basic facts
A. On April 15, 2015, the Defendant entered into a contract with C to lease 71 units of gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gu, E (hereinafter “instant factory”) and the aforementioned factory for two years from May 1, 2015 to April 30, 2017, and additionally installed 11 units of gate gate gate gate gate gate gate gate gate gate 11 and operated the above factory from that time.
B. On May 4, 2015, the Defendant concluded a fire insurance contract between the Plaintiff and the Plaintiff with the insurance period from May 4, 2015 to May 4, 2025, with respect to the instant factory, with the insurance amount of KRW 100,000,000, machinery 250,000,000, inventory assets of KRW 110,000,000,000, and with the premium amount of KRW 2,00,000 per month (hereinafter “instant insurance contract”).
C. On September 20, 2015, around 01:11, a fire (hereinafter “instant fire”) occurred in the instant factory, and the instant factory building, lock-up strawls, and inventory assets, which are the subject matter of insurance, were destroyed. D.
The terms and conditions of the instant insurance contract (hereinafter “instant insurance contract”) relating to the instant case are as follows.
Article 4 (Procedures for Payment of Insurance Money) (1) The Company shall, upon receipt of the claim documents prescribed in Article 3 (Claims for Insurance Money), have no receipt thereof, send them to mobile phone text messages or e-mail, etc., and shall determine the insurance money to be paid without delay from the date of receipt of the documents and pay it within seven days when the insurance money to be paid is determined.
The company under Article 2 (Non-compensationable Damages) of the Special Terms and Conditions for Fire Damage (general/factory) shall not compensate for the damages due to the following reasons:
1. Intention or gross negligence of the contractor, the insured, or his legal representative;
E. On October 5, 2015, the Defendant sought payment of the insurance money from the instant fire to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7 through 12, and Eul evidence No. 1.