beta
Text
1. The Defendants are 152,737,035 won to each Plaintiff and 5% per annum from August 10, 2013 to October 24, 2013.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 6 (including paper numbers).
The Plaintiff is an insurance company that entered into a factory fire insurance contract with the Nam-gu Incheon Metropolitan City building C (hereinafter “1”) and D building (hereinafter “2 building”) (hereinafter “2 building”). Defendant A leased a building from B to operate E, and Defendant C’s character life health (hereinafter “Defendant Company”) is a company that occupies a part of 430 square meters of the building from Defendant A.
B. On April 4, 2013, around 23:46, a fire occurred in the part to be occupied and used by the Defendant Company among the first building, and the occurrence of a fire that destroyed the first building and the second building (hereinafter “instant fire”).
C. At the time of the occurrence of the instant fire, there was no person at the site, and the point of combustion as a result of on-site identification may be limited to the part of plastic containers stored in front of the entrance of the Defendant Company, but the accurate cause of the fire was not revealed.
C. On August 9, 2013, the Plaintiff paid the insurance proceeds of KRW 137,063,889 with respect to the damage of the first building and KRW 15,673,146 with respect to the damage of the second building and KRW 152,737,035 with respect to the damage of the second building.
2. Determination:
A. In the event that the lessee’s obligation to return the leased object becomes impossible to perform the determination of the lessee’s claim against the Defendant A, the lessee is responsible to prove that the nonperformance was not due to the lessee’s cause attributable to the lessee, and if the leased building was destroyed by a fire and the cause of the fire is unknown, the lessee must prove that the lessee fulfilled his duty of care to preserve the leased building in order to be exempted from its liability. This legal doctrine is at the time of the termination of the lease.