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1. The Defendant’s KRW 37,714,225, among the Plaintiff’s KRW 23,163,132, from May 4, 2019 to KRW 14,51,093.
Reasons
1. The plaintiff's assertion
A. On May 31, 2018, the Plaintiff concluded an insurance contract with the insured C on May 31, 2018, with respect to movable property, facilities, and fixtures in the foregoing building, and movable property, facilities, and fixtures in the foregoing building during the insurance period from May 31, 2018 to May 31, 2023, and the Defendant is an insurer who entered into the insurance contract with respect to the foregoing movable property, facilities, and fixtures within the foregoing building. The Defendant is a person who operates the Ka Center in the F Ground Building adjacent to
B. However, around 04:00 on December 9, 2018, a fire presumed to have been caused by electrical factors within the car center operated by the Defendant, and the same building and its movables, facilities, and fixtures were destroyed by fire.
C. The Plaintiff, as an insurer, paid the insured insurance money of KRW 33,090,188 on May 3, 2019, and KRW 20,787,275 on movable property, facilities, and fixtures in the foregoing building on September 9, 2019, respectively, has the right to claim for reimbursement against the tort in accordance with the insurer’s subrogation doctrine.
Under Article 758 of the Civil Act, the defendant shall be liable as a possessor of a structure for the damages caused by the above fire. The plaintiff shall be liable as a possessor of the structure in accordance with Article 758 of the Civil Act. 37,714,225 won [=23,163,132 won [the insurance money of the building 33,090,188 won x 70%, and the amount below the won
hereinafter the same shall apply.
2) £«14,51,093 (Insurance proceeds, such as movable property, 20,787,275 x 70%) and damages for delay shall be claimed.
2. The defendant, barring any special circumstance, recognizes the plaintiff's above assertion. As to KRW 37,714,225 of the amount of indemnity and KRW 23,163,132 of the amount of indemnity as to the building, the payment date of insurance money, and KRW 14,51,093 of the amount of indemnity as to movables, etc. from May 4, 2019 to June 8, 2020, the delivery date of a copy of each complaint of this case from September 10, 2019 to June 8, 2020, the delivery date of a copy of each complaint of this case, and KRW 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.