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1. The Defendant shall pay to the Plaintiff KRW 418,803,192 and the interest rate of KRW 20% per annum from January 1, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff entered into a comprehensive property insurance contract (hereinafter “instant comprehensive insurance contract”) with the Korea Stock Exchange (hereinafter “the instant logistics warehouse”) in which, between August 1, 2012 and August 1, 2013, the period of insurance is from August 1, 2012 to the time from August 1, 2013, the Plaintiff entered into an insurance contract with the Korea Stock Exchange (hereinafter “the instant logistics warehouse”) with the content of compensating for damage incurred in the internal house, inventory assets, etc.
B. On April 1, 2013, the Defendant entered into a logistics agency contract under which the mobilization industry takes over the Defendant’s product and vicariously executes various logistics affairs, such as loading, unloading, storage, etc., and receives commission from the Defendant (hereinafter “instant logistics agency contract”), and agreed on compensation for goods injury as follows.
Article 12 (Compensation for Damages for Goods)
D. In the event of a damaged or lost product at the center of the mobilization industry, the mobilization industry shall compensate for the amount of damages, and the amount of compensation shall be calculated on the basis of the supply value of the Loenna case, and may be offset by the commission for logistics agency for the following month.
C. On May 3, 2013, in the second floor of the building of the fourth floor of the instant logistics warehouse, fire was caused, and food beverages owned by the Defendant were stored in the instant logistics warehouse. D.
On the date of fire, the Defendant: (a) calculated the amount of damages as KRW 3,416,118,724 based on the “consumer supply price” under the instant logistics agency contract; and (b) claimed advance payment of KRW 1,300,000,000,000,000 based on the wholesale price supplied to modern department stores on May 8, 2013; and (c) requested advance payment of KRW 30,000,000,000 out of the amount of damages calculated based on the wholesale price supplied to modern department stores on May 8, 2013; and (d) the mobilization industry paid KRW 90,000,000 to the Defendant on May 10, 2013 as part of the expected damages, and on June 1, 20