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1. On April 28, 2015, a damaged building owned by the Defendant due to D vehicles located in South-gu, Nam-gu, Seoul at an port on April 28, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to DM5 vehicles (hereinafter “instant vehicles”), and the Defendant is the owner of the C building located in Nam-gu, Nam-gu (hereinafter “instant building”).
B. On April 28, 2015, E, the driver of the instant vehicle, was parked in front of a warehouse of the instant building, resulting in an accident that caused damage to the outer wall, etc. of the instant building due to shocking the outer wall, etc. of the warehouse as the front section of the instant building, while the accelerator was taken wrong in front of the instant building.
(hereinafter “instant accident”). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. Summary of the parties’ assertion
A. The damaged part of the building of this case caused by the accident of this case by the plaintiff was <1> the fall of the outer wall aluminium door, <2> the fall and alteration of the outer wall sand position panel, <3> the fall and destruction of the outer wall aluminium, <4> the glass damage of the outer wall, 5) the alteration of the square pipe in front of the roof sand position panel, 6) the removal and alteration of the interior sand position panel, 7) the destruction of the inner wall gate of the building, 8 (2) the partial destruction of the roof slate, 9 the destruction of the roof slate, 3,120, 381, labor cost, 1, 63, 569, and the expenses required for the disposal and disposal of wastes generated in the process of restoration to the original state.
Nevertheless, the defendant is seeking the payment of the excess insurance money, so it is sought to confirm the same as the written claim.
B. Around September 10, 1994, the Defendant opened a restaurant and opened a restaurant on the instant building. However, the instant building was severely damaged due to the instant accident (i.e., recovery amounting to KRW 25 million), and the underwater rupture in a warehouse could not be used.