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1. Defendant B’s KRW 57,200,000 as well as 5% per annum from June 27, 2012 to February 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendants shared 1/2 shares of 2nd floor Nos. 16 (92m2) and 17(992m2) among the buildings with 3rd floor underground floors located in Nam-gu Incheon Metropolitan City, Nam-gu, and operated “D” (hereinafter “instant wedding hall”).
B. On October 5, 2010, Defendant B concluded a fire insurance contract with the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) with respect to the instant wedding as the Defendants as the insured with respect to the instant wedding, with the content of the insurance coverage amounting to KRW 1,200,000,000, and the insurance coverage period from October 5, 2010 to October 5, 2015.
(hereinafter “instant insurance contract”). C.
After that, around 02:40 on February 2, 201, the fire occurred in the instant wedding hall, and the entire parts of the 2,3rd and upper floors were seriously destroyed.
(hereinafter “instant fire”). D.
The Defendants subsequently confirmed the possibility of paying insurance proceeds from the instant fire to Samsung Fire. Accordingly, Samsung Fire requested an investigation of the instant fire site and appraisal of the amount of damages. On August 11, 2011, 201, it drafted a written adjustment of the amount of damage assessed as approximately KRW 488,00,000, which is assessed as KRW 488,000.
E. However, Samsung Fire: (a) caused the instant fire within the period of four months after the conclusion of the instant insurance contract; (b) was investigated by the Incheon Southern East Police Station by presumptioning the cause of the fire as a fire; and (b) was reserving the payment of insurance proceeds for the reason that the Defendants did not notify the fact at the time of the conclusion of the instant contract, although the Defendants suspended the instant wedding business for eight months prior to the conclusion of the instant insurance contract, and did not notify the fact at the time of the conclusion
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 7, testimony of witness E, Samsung Fire of this court,