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1. Defendant B’s KRW 30,014,337 as well as the Plaintiff’s annual rate from May 8, 2019 to July 3, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff between D and D is an insurer who entered into a contract of “G” (hereinafter “instant insurance contract”) with respect to a building with a size of approximately 82.5 square meters located in the F, Incheon, Incheon, the size of which is approximately KRW 82.5 square meters (hereinafter “instant housing”), including fire insurance for inventory assets, such as the purchase price of the building, KRW 75,000,000 from March 23, 2018 to March 23, 2028, and KRW 60,000, and KRW 00,000.
B. Defendant B was the father of Defendant C, the owner of the land of 1,745 square meters (hereinafter “instant farmland”) located in the vicinity of the instant house (hereinafter “instant farmland”), and around March 9, 2019, Defendant B performed incineration work on the land of this case on or around 14:2, 2019.
In the meantime, the flame was moved to a vinyl which was installed on the farmland of this case by wind, and the fire was spread to the housing of this case and the building of laundry Specialized Factory (I) located around it.
(hereinafter “the instant fire”). The instant fire destroyed the instant house account books, outer walls, internal boilers, and household boilers.
At the time of the occurrence of the instant fire, miscellaneous land, which was not removed at the time of the suspension of 2 years on the instant farmland, was not removed, and 4m/s were somewhat strong wind.
C. Defendant B was indicted for the crime of fire-fighting due to the instant fire, and was issued a summary order of KRW 3,00,000,000 by the Incheon District Court Decision 2019 High Court Decision 8692, Nov. 6, 2019, and such summary order became final and conclusive on November 22, 2019.
The instant fire, which caused a total of KRW 50,023,896,896, including KRW 47,89,842, and the internal inventory assets (such as household data tools, etc.) of KRW 2,124,054.
On May 7, 2019, the Plaintiff paid KRW 50,023,896 insurance proceeds to E, the owner of the instant housing.
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 11, 13, 14, Eul evidence 4 and the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is as follows.