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1. Defendant B’s KRW 53,008,860 as well as 5% per annum from April 12, 2018 to October 12, 2018 to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(except as to Defendant C and D)
(b) Judgment based on the recommendation of confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
2. Determination as to the claim against Defendant C and D
A. 1) On January 28, 2016, the Plaintiff engaged in non-life insurance business, etc., the Plaintiff is a building E located in Busanjin-gu, Busan (hereinafter referred to as the “instant building”).
() As to the above building, facilities, movables, and fixtures between G, which had been operating “F” in the context of G, the insurer who entered into a “H insurance contract” with “10,000,000 won in the part of the building covered by the insurance policy,” movable property KRW 48,000,000,000 in movable property, KRW 1,000 in the house term, KRW 1,000,000 in the insurance period, and KRW 28,206 in November 28, 2016 to November 28, 2021. Defendant B was the insurer who entered into the instant building with “I”, and Defendant C was the owner of the instant building; Defendant D was the owner of the instant building; and around February 13, 2018: (a) the instant fire was destroyed from the instant building to the “fire,” and the inside of the instant building to the “IJ” as “fire,” and the inside of the instant building was the fire.
3) The Plaintiff paid KRW 53,008,860 on April 11, 2018 to G as the amount of damages suffered by the policyholder G due to the said fire. The Plaintiff paid KRW 53,08,860 on April 11, 2018.
- The purport of the whole pleadings
B. The Plaintiff’s summary of the instant fire is an accident of spreading electric wires from the electric wires located within the store operated by Defendant C, and thereafter spreading the burning. Defendant C as the possessor of the Defendant CB shop, and Defendant D, as the owner of the chemical shop, has to exercise due care to safely manage and use the facility, etc. so that fire does not occur. However, the fire was caused by negligence, which led to the occurrence of fire.