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1. The Defendant’s KRW 23,224,139 as well as 5% per annum from May 16, 2008 to December 28, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On March 24, 2005, the Plaintiff entered into an insurance policy (hereinafter “each of the insurance contracts of this case”) with C, the owner of the Guro-gu Seoul Metropolitan Government Ground Building (hereinafter “instant building”) with the content that compensates for the damage caused by the fire on March 24, 2005 (the insurance amount: 30,000,000 won; : March 24, 2005 to March 24, 2015); and (2) the insurance contract for the "Masung Fibibibibibibibibi insurance (the insurance amount: 300,000,000 won; : February 4, 2008 to February 4, 2009).
The Defendant leased the first floor of the instant building from C and operated a general restaurant business in the name of “D.” On April 5, 2008, at around 22:40, a fire occurred in a sandd position panel building for warehouse located on the part outside the outer wall of the first floor of the instant building and the outer wall of the instant building, and an accident occurred in a fire that is destroyed or flooded by a fire, such as a ceiling and a wall inside the building of this case, a drums installed on the floor materials and outer wall of the instant building, and an electrical ship, etc. (hereinafter referred to as “the instant fire”).
C. As a result of the damage assessment, the cost of repairing the instant building caused by the instant fire accident was anticipated to be in total equivalent to KRW 23,224,139.
On May 15, 2008, the Plaintiff paid KRW 23,224,139 (2,194,933, and KRW 21,228,745) to C, the insured, in proportion to the amount of insurance coverage, as the insurance money for the damage caused by the instant fire accident (in proportion to the amount of insurance coverage, the Plaintiff paid KRW 23,224,139 (2,93 and KRW 21,228,745).
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4 (including provisional number)
2. Determination on the cause of the claim
(a) Where a lessee has become unable to fulfill his/her duty to return the leased object, the lessee shall be liable for damages caused by such nonperformance;