1. The Defendant’s KRW 36,761,950 as well as 5% per annum from February 24, 2014 to December 8, 2017 to the Plaintiff.

1. On November 14, 2012, the Plaintiff leased from the Defendant “Saju-si and one parcel of ground factory operation and temporary installation.”

On February 24, 2014, at around 19:43, a fire occurred in an electrical ship installed on the pipe part of a temporary tent-dong, and all of the plaintiff's things in the factory operation, temporary tent-dong and in that place were destroyed.

(hereinafter “the instant fire accident”). Meanwhile, Hyundai Marine Fire Insurance Co., Ltd., the Plaintiff’s insurance company, paid KRW 57,157,503 calculated in proportion to the purchase amount of insurance among the total amount of KRW 64,024,563, including facilities and products in the factory operation, to the Plaintiff.

However, since 66,656,847 won is not the subject matter of insurance, the plaintiff did not receive insurance money.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 891016, purport of the whole pleadings]

2. Assertion and determination

A. The Defendant asserts to the effect that the instant lawsuit is a duplicate suit since the Hyundai Marine Fire Insurance Co., Ltd. that paid insurance money to the Plaintiff filed a suit against the Defendant (Seoul Central District Court 2014Da5120419) to the effect that the instant lawsuit is a duplicate suit.

However, as examined below, the claim in this case is a claim for damages for the portion that the plaintiff did not receive compensation as insurance money, and it is not a duplicate lawsuit.

Therefore, this argument cannot be accepted.

B. Comprehensively taking account of the fact that the Defendant’s liability for damages was recognized on the electric ship installed by the Defendant, as the Plaintiff’s machinery, etc. was destroyed by the fire that occurred, and thus, the Defendant’s liability for damages should be compensated for KRW 73,523,907 ( KRW 66,656,657,847-57,503) that did not receive insurance payment out of the damages.

(Provided, That the plaintiff argues that it is part of the claim).

It is important for the Defendant to reduce the amount of damages.