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1. The Defendant’s KRW 45,529,670 as well as the Plaintiff’s annual rate of 5% from April 7, 2016 to June 2, 2017, and the following.
Reasons
1. Basic facts
A. The Defendant is a party. 1) The Defendant is a building 252.37 square meters on the ground B of Jeonnam-gun Masung-gun (hereinafter “instant building”).
A) Of the instant building from Nonparty C, the owner of Nonparty C, approximately KRW 82.5 square meters (hereinafter “Defendant’s leased part”).
(2) The Plaintiff leased and operated a restaurant with the trade name of “D” in the above building. Meanwhile, C operated a restaurant with the trade name of “E” in approximately 87.37 square meters among the instant building, and the remainder of approximately 82.5 square meters to Nonparty F, and operated a entertainment business establishment with the trade name of “Gran bar.” The Plaintiff entered into an insurance contract with “this case’s building (insurance value of KRW 120,000,000)” with “C’s restaurant facilities and office fixtures, and dan-type entertainment facilities and office fixtures (insurance value of KRW 50,00,000) operated by the lessee, with the insurance period of KRW 10,000 from March 8, 2012 to March 8, 2017, and concluded an insurance contract with “Y 30,000,000,000 insurance premium amount of KRW 30,000,000,000 insurance premium amount of Samsung Fire Insurance Co. 2, Ltd. 2, Ltd.
B. On April 26, 2014, around 04:00, a fire in the instant building was destroyed and partly destroyed, C, F, and the Defendant’s store’s facilities and fixtures, etc. were destroyed and lost (hereinafter “instant fire”).
(2) According to the results of the investigation by the competent fire station and the police station, the fire of this case was confirmed to have been spread out of the back floor of the live factoring unit used by the Defendant within D, and according to the results of the appraisal by the National Institute of Scientific Investigation, the live factoring code is the live factoring code.