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1. The Defendant’s KRW 46,510,930 as well as the Plaintiff’s KRW 5% per annum from March 30, 2013 to November 27, 2014.
Reasons
1. Basic facts
A. On January 9, 2013, from around 23:05 to 23:15 on the same day, the Defendant: (a) set off the first floor parking lot of the underground floor through the entrance connected to the 212 B Apartment-gu, Young-gu, Young-gu, Young-si (Seoul) at the entrance; and (b) laid down the above paper in a non-fluoring manner; (c) however, (d) the Defendant was discovered by residents and caused security guards, etc. to have fire extinguishing and attempted to extinguish it.
(hereinafter “instant fire prevention”). B.
On May 23, 2013, the Defendant was sentenced to five years of imprisonment due to the fire prevention of the instant case (U.S. District Court 2013Gohap86), and the Defendant filed an appeal and appeal, but the said judgment was dismissed, and the said judgment became final and conclusive.
C. The Plaintiff paid KRW 46,510,930 as follows to the insurance contract vehicles among the vehicles parked in the above apartment parking lot due to the fire prevention of the instant accident:
(Final Insurance Money No. 1 D E 2,250,00 won 2F G 7,574,750 won 3 H I 3,153,510 won 4 J J 5,670,00 won 5 L M 5,670,000 won 6 N 7,541,40 won 7 P Q 1,356,270 won 8 R S 1,920,00 won 9 T 4,540,540,000 won 1,540,000 won 1,50,000 won / [Recognition] 10,05,00 won / [the purport of the entire pleadings] 11 or 10 evidence / [including the number]
2. According to the facts of the determination as to the cause of the claim, the plaintiff acquired a claim for damages against the defendant by subrogation under Article 682 of the Commercial Act through the payment of insurance proceeds. Thus, the defendant is obligated to pay to the plaintiff 46,510,930 won and the compensation for delay calculated at the rate of 5% per annum under the Civil Act from March 30, 2013 to November 27, 2014, the delivery date of the complaint from March 30, 2013 to November 27, 2014, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day
3. The defendant's assertion is judged on his own.