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1. The Defendant: (a) KRW 86,543,572 to the Plaintiff; and (b) KRW 5% per annum from March 15, 201 to February 13, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 24, 2009, the Plaintiff entered into a non-dividend New Business Insurance Contract (hereinafter “instant insurance contract”) with respect to each factory operation building, machinery, and movable property located in the Chungcheongbuk-gun, Chungcheongnam-gun, Inc. (hereinafter “SP”), with respect to each factory operation building, machinery, and movable property owned by the Plaintiff, as follows:
· Contract number: C insurance period: Buildings, machinery, and movables from May 24, 2009 to May 24, 2014:
B. The non-party company newly constructed two Dongs of 198 square meters of the above factory building at a distance of 6 meters at a distance of 6 meters, and made an office with a size of 66 square meters by expanding the bricks between the buildings, and divided the center part into two parts with a wall.
C. On June 25, 2007, the Defendant: (a) concluded a lease agreement with the Nonparty Company on a deposit of KRW 15,000,000 and monthly rent of KRW 700,00 with respect to part of KRW 33 square meters on the right-hand 198 square meters of the building in the foregoing factory building (hereinafter “the leased part of the Defendant”); (b) used the above factory building (non-Dong) as a factory as an office; and (c) used all parts of the extended space and the second floor.
On December 22, 2010, the insurance period of the instant case, at around 22:25, a fire occurred in the factory building (non-Dong) leased by the Defendant, and the fire was moved to the inner combustible materials in a horizontal fashion, and the wall was expanded to upper gate according to the wall, each factory building and extended part used by the Defendant and the non-party company, and the machinery and equipment owned by the non-party company and movable property were damaged or damaged (hereinafter “the instant fire”).
E. By March 14, 2011, the Plaintiff paid the Nonparty Company totaling KRW 169,239,288 of the damages of the building, machinery, and movable property caused by the instant fire according to the instant insurance contract as insurance proceeds.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 5 through 7, respectively.