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1. The Defendant’s original decision on performance recommendation in the Seoul Central District Court 2015 Ghana5363262 against the Plaintiff.
Reasons
1. Basic facts
A. The KGGG Co., Ltd. leased from B to B the 6th unit of the building located in Dong-gu, Gwangju Metropolitan City (hereinafter “instant building”), KRW 10 million, KRW 550,00,000, KRW 5000,000, KRW 5000,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000, KRW 500,000.
B. On December 19, 2014, around 10:50 on the 6th floor of the instant building, a fire occurred along with the sound of “construt” in the inner wall of the office used by the former lessee D, as well as the sound of “construt” on the ground of the failure to give rise to a fire. As a result, a fire was destroyed by a small wave and a book, etc. located therein, and the interior finishing materials of the wall were damaged.
The Science Investigation Team of the Gwangju Regional Police Agency determined as follows: “The fire fighting department is between the representative room and the small wave, and the cause of the fire fighting is not the body of discussion.”
C. As to the instant building B and B, from August 27, 2013 to August 27, 2018, the Defendant concluded a fire insurance contract with the insured totaling KRW 1 billion ( KRW 800 million on the building, KRW 100 million on the first floor pharmacy inventory assets, KRW 50 million on the first floor pharmacy house fixtures, KRW 50 million on the building, and KRW 50 million on the building facilities). On February 26, 2015, the Defendant paid KRW 17,078,320 on the cost of repair due to damage to the interior finishing materials of the office of this case to B after undergoing damage assessment on the fire of this case.
After that, the defendant filed a lawsuit against the plaintiff, D, and L, and L, with Seoul Central District Court No. 2015Da5363232, and the above court made a decision of performance recommendation on March 23, 2015 that "the plaintiff shall pay to the defendant 14,278,886 won jointly and severally with D and the defendant 14,278,886 won per annum from February 26, 2015 to the delivery date of a copy of the complaint, and 20% per annum from the next day to the day of full payment."