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1. The Defendant shall pay to the Plaintiff KRW 732,118,809 and the interest rate of KRW 15% per annum from November 24, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff, B, and C share 1/3 shares of Ecomel located in Northern-gu, Northern-si (hereinafter “instant building”) and the Plaintiff and B jointly operate Macomel in the instant building.
B. The instant building is on the 1st and 9th above ground, and the 4th above ground is on the 5th below ground, and as a result, the 4-9th above ground is on the 5th to 10th above ground.
(2) The ground level of the instant building is based on the boiler room, electricity room, entertainment bar, etc.; the ground level of the instant building is as follows: (a) parking lot; (b) 2 to 9 stories above the ground level; and (c) 10 stories above the ground level of the instant building is being used as the Plaintiff’s residence.
The building of this case has a total of 49 guest rooms, and inside of the building, TV, cooling, air conditioners, be installed.
C. With respect to the instant building between the Defendant, an insurance company, the Plaintiff entered into a fire insurance contract with the following contents (hereinafter “instant insurance contract”), and paid the premium.
1) Insurance period: From December 19, 2014 to December 19, 2017, the subject-matter of insurance: 2,600,000,000,000 won for the instant building, all of the instant facilities (including interior signboards), the equipment and fixtures, and the total coverage amount of 3 insurance coverage: 3,00,000,000 won for the instant building;
D. Meanwhile, the insurance policy of the instant insurance contract is indicated as the Plaintiff.
E. On May 7, 2015, at around 21:20, when the insurance period of the instant insurance contract was expired, an unregistered fire under subparagraph 504 of the instant building (hereinafter “instant fire”) destroyed part of the instant building, which is the subject matter of the instant insurance contract, and facilities, equipment, and fixtures within the instant building.
F. The plaintiff claimed insurance money to the defendant, but the defendant shall pay insurance money to the plaintiff up to now.