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1. The Defendant’s KRW 26,372,240 as well as 5% per annum from January 24, 2019 to August 20, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a fire insurance contract with C on July 15, 201 and July 15, 2031 with respect to the 4th floor of the ground located in C-owned racing-si D (hereinafter “instant building”), whereby the insured were covered by C, the insurance period from July 15, 201 to July 15, 2031, and the purchase price of the instant building was KRW 100,000,00 (the building and the household cover). The instant building and the household cover all of the household covers that were distributed within the instant building as the subject matter of the insurance, thereby compensating for losses that the subject matter of the instant fire was damaged by fire (hereinafter “instant fire insurance contract”).
B. The Defendant is an insurer who entered into a contract for the liability insurance for disasters (hereinafter “liability insurance contract of this case”) with F that operates a restaurant (hereinafter “instant restaurant”) on the first floor of the instant building by setting the insurance period from August 21, 2018 to August 21, 2019 with respect to the instant restaurant as the mandatory insurance pursuant to Article 76(2) of the Framework Act on the Management of Disasters and Safety (hereinafter “Disaster Safety Act”).
C. On December 14, 2018, around 03:44, a fire occurred in a water tank installed outside the left-hand side of the restaurant entrance of this case and around the air conditioners (hereinafter “instant fire”), and the outer wall of the building of 3, 4 (241.06 square meters) among the instant building, and the household-to-land located inside the 3, 4, and 4th floor and in the 4th floor of the instant building were damaged by the damage caused by the damage inflicted on B.
After calculating the amount of damages caused by the instant fire at KRW 32,965,300, the Plaintiff paid the said KRW 32,965,300 to C on January 23, 2019 as insurance proceeds.
E. Of the general terms and conditions of the instant liability insurance contract (hereinafter “the Defendant’s terms and conditions”), the parts relating to the instant case are as follows.
Article 1 (Purpose) This insurance contract is concluded to guarantee the risk of damage caused by the insured's burden of statutory liability between the policyholder and the insurer.
Article 2 (Definitions of Terms)
2. Terms related to compensation;
(a)liability;