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1. The conjunctive Defendant’s KRW 20,109,076 as well as 5% per annum from May 11, 2016 to April 27, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff and the insured as Defendant B entered into an non-dividend New Franz insurance contract with the following content:
(1) Insurance coverage period: 1 October 22, 2007 - October 22, 2017;
B. On February 5, 2014 - March 2, 2016, Defendant A leased part of 74.25 square meters of the instant building from Defendant B, and operated “E” restaurant.
(hereinafter referred to as “instant restaurant”). Defendant Agricultural Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a general fire insurance contract with regard to F (Defendant A’s spouse) on March 18, 2014 with respect to the instant restaurant (including the incidental part).
(hereinafter “Defendant Company Insurance Contract”). (c)
On January 11, 2015, at around 02:10, a fire was caused by electrical factors inside the instant restaurant, and the instant building, including the instant restaurant, was destroyed by fire.
(hereinafter “instant fire”). D.
The subject matter of the plaintiff's insurance contract and the insurance contract of the defendant company, the amount of damage assessment by an adjuster and insurance proceeds received by the defendant B shall be as follows:
Plaintiff
The part in which the effect of the insurance contract and the validity of the insurance contract of the Defendant Company overlap is ① E (cafeteria), ③ Non-resident and Smarket as follows:
(hereinafter referred to as “same subject matter”) E
E. On April 20, 2015, the Plaintiff paid to Defendant B totaling KRW 25,123,134 according to the Plaintiff’s insurance contract.
F. On April 22, 2015, the lessor’s agent C is KRW 76,00,000,000 for the damage of the fire of this case against the lessee F on behalf of the Defendant A and the lessee.