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1. The Defendants: (a) with respect to each Plaintiff KRW 207,329,356 and KRW 90,000,000 among them, respectively, from December 4, 2013, and KRW 117,329.
Reasons
1. Facts of recognition;
A. B concluded an insurance contract with the Plaintiff on October 17, 2012, with respect to the instant store as to the insurance period from October 17, 2012 to October 17, 2015, when the Plaintiff was operating a general restaurant (hereinafter “E”) under the trade name of “E” (hereinafter “instant store”) by leasing a building D located in the Jeonbuk-si, Gun, Si, Gun (hereinafter “C building”) owned by C, the insurance contract was concluded between the Plaintiff and the Plaintiff on September 17, 2012, with the coverage period as to the instant store from October 17, 2012 to October 17, 2015, with respect to the facilities and fixtures in the instant store, as well as movable assets, the damage incurred by fire accidents, etc. as to the facilities and fixtures in the instant store, and the aggregate amount of KRW 350,000,000, KRW 1000,000, KRW 10,000.
(hereinafter “instant insurance contract”). (b)
(1) Defendant A leased the second floor building (hereinafter referred to as “F building”) from F to operate a restaurant (hereinafter referred to as “H”) in the name of “H” among the G ground buildings in the Gunsan City, Gun-si, which is adjacent to the C building, and entered into a fire liability insurance contract with Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as “Defendant Hyundai Marine Fire Insurance Co., Ltd.”) for the instant restaurant.
(2) On October 4, 2013, around 02:13, a fire that could not identify the cause of the passage between the C building and F building (hereinafter “instant fire”) occurred, and the instant store located in C building due to the said fire was severely damaged by heating.
(3) The Plaintiff, as an insurer, paid the Plaintiff KRW 345,548,927, totaling KRW 345,527,00 on December 3, 2013, with respect to the amount of damages, such as housework and facilities, movable property, store shutdown damage, etc. in the instant store, and KRW 150,00,000 on January 20, 2014.
C. (1) Defendant A partly prevents the passage between Pyeongtaek C and F buildings, such as the discovery of fire, the place of occurrence, and the result of investigation on the cause.