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1. The Defendant’s KRW 5,553,342 as well as the Plaintiff’s annual rate from April 8, 2017 to March 15, 2018.
Reasons
1. Basic facts
(1) B operates a restaurant in the name of “D” on the second floor of the 2nd floor above the 1st floor of the YE-gu Daegu Jung-gu, Daegu-gu Office, and the 2nd floor above the 1st floor above the 2nd floor above the 2nd floor above the 2nd floor, and there is a building in which “D” exists adjacent to the damaged store, and the Defendant operates a restaurant in the name of “G” on the 1st floor of the F wooden flag and the 2nd roof building (hereinafter “Defendant shop”).
d. B entered into a fire insurance contract with the Plaintiff with the following contents:
From February 19, 2016 to February 19, 2019, total of KRW 20,000,000 internal facilities of KRW 20,000,000, in total, the subject matter of insurance and the amount of insurance coverage of the damaged store; and
Reference. On November 25, 2016, at the Defendant shop, a fire occurred at the Defendant shop. Around November 25, 2016, the fire occurred, and the fire was destroyed by the office fixtures, movable property, facilities, etc. in the damaged shop and the damaged shop through E.
(hereinafter referred to as “the instant fire”). An adjuster calculated the respective amount of damages incurred to B due to the instant fire as KRW 3,840,422, the facility 37,183,648, and the house 29,693,629. Based on the result of the calculation, the Plaintiff determined that the insurance amount to be paid was the total amount of KRW 43,840,422 (= KRW 20,000,000 total of KRW 20,000 total of KRW 3,840,422) and paid KRW 3,840,422 on April 7, 2017 after deducting the remaining insurance amount of KRW 40,00,000 paid to B on January 10, 2017.
(v) Meanwhile, the Daegu mid-gu Police Station did not find fire-prevention items, such as oil type and brus, at the scene of a fire, and ② as a result of analyzing the CCTV image data inside the Defendant shop, it stated that CCTV images were terminated as a result of a smokeed 07:20 minutes prior to the time of a fire, around 08:10; ③ the first reporter stated that a fire is likely to occur in the vicinity of a water tank located in the Defendant shop; ④ the first reporter was installed in the Defendant shop.