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1. The Defendants jointly share KRW 39,993,780 with respect to the Plaintiff and the period from February 21, 2018 to July 8, 2019.
Reasons
1. Basic facts
A. The Plaintiff entered into a fire insurance contract between D and D with respect to the first and fifth above ground in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”) owned by D, with respect to the insured, from May 16, 2017 to May 16, 202, with respect to the insurance coverage amounting to 1,50,000,000.
B. On November 2, 2016, Defendant B leased the entire fourth floor of the instant building (hereinafter “instant leased”) from D and operated a printing business with the trade name “F” at this place.
Meanwhile, Defendant B entered into a fire insurance contract between Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to the leased portion of the instant case from January 4, 2016 to January 4, 2021, with the insurance amount of 100,000,000.
C. However, around 10:00 on October 13, 2017, a fire (hereinafter “the instant fire”) occurred in the leased premises of the instant case, and the leased premises of the instant fire were relocated, and the damage, such as noise, etc., was inflicted on the third and fifth floors of the instant building.
On February 20, 2018, the Plaintiff paid D insurance proceeds of KRW 60,674,349 (i.e., double insurance contributions of KRW 57,133,972, excluding the leased portion of the instant building), to D on February 20, 2018 (i.e., KRW 3,540,377).
E. The results of the instant fire investigation are as follows.
The Seoul Mine Jin Fire Station point is presumed to have been first generated at the bottom of the work unit 2 and 3 when compiling the burning shape of a wooden mold, the structure collapsed at the bottom of the 2 and 3 work units, and the statement of the first timberr, and the causes of fire are presumed to have been generated at the bottom of the work unit 2 and 3. The mechanical causes of fire are excluded from the emission factors because the mechanical characteristics are not identified due to the mechanical distinctive characteristics on the automatic drying machine and the adjacent hedging at the point of combustion: Electric factors are identified with the automatic drying machine installed at the three work units, and the hinr was operated as a source of combustion.