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1. The Defendant’s KRW 72,783,921 as well as the Plaintiff’s annual rate of 5% from January 26, 2013 to April 4, 2014.
Reasons
1. Basic facts
A. On July 2010, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) as shown in attached Table 1 with respect to all movable property located on the building located on the ground B in Ilyang-dong-gu, Manyang-si (hereinafter “Songdong-gu”).
B. The Defendant, as shown in attached Form 2, established a book business with the trade name “D” and “E” (hereinafter “Defendant’s book business”) on the building B and C in Yongsan-gu, Yongsan-gu, Busan-si, and the instant warehouse, for the purpose of the lodging of foreign workers employed for the said business at a place 10cc away from approximately 10cc away from the instant warehouse as shown in attached Form 2.
C. On September 20, 2012, around 02:24, the instant warehouse and accommodation (i.e., (ii) and (iii) fire (hereinafter “the instant fire”) occurred, and accordingly, the movable property owned by the non-party company, which was kept in custody in the instant warehouse, was entirely destroyed by fire.
On January 25, 2013, the Plaintiff, as an insurer of the instant insurance contract, paid KRW 145,567,843 to the non-party company with the insurance proceeds for the damage caused by the instant fire.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3-1, 2, Gap evidence 4-1, Gap evidence 5-1 to 3, Gap evidence 6-3 and 4-2, the purport of the whole pleadings
2. The parties' assertion
A. As the fire of this case, which is the main point of the Plaintiff’s assertion, occurred due to the defect in the management of the electric ship, etc. from the lodging place ①, which is the structure owned and managed by the Defendant, the Defendant is liable to compensate for the damage suffered by the non-party company under Article 750 of the Civil Act
However, according to the insurance contract of this case, the plaintiff paid insurance money to the non-party company that suffered damage due to the fire of this case, and pursuant to Article 682 of the Commercial Act.