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1. The Defendant’s KRW 45,089,862 to the Plaintiff, as well as 5% per annum from October 17, 2012 to November 11, 2016.
Reasons
1. Facts of recognition;
A. (1) On October 9, 2007, the Plaintiff entered into a double insurance contract: (a) KRW 250,000,000,000 for all of the E-made machinery located in Dong at the time of Nonparty C and Dong Government; (b) set the total amount of movable property as KRW 100,000,000 for each insurance subject; and (c) set the insurance period as from October 9, 2007 to October 9, 2012 for the F insurance contract (hereinafter “instant insurance contract”).
(2) Around that time, Nonparty G Co., Ltd. (hereinafter “G”) entered into a H insurance contract with the subject matter of insurance as referred to in the preceding paragraph (C) on condition that the subject matter of insurance as referred to in the preceding paragraph is limited to KRW 200,000,000 for all of the machinery; and KRW 100,000,000 for all of the movable property, respectively; and concluded a H insurance contract with the cover period from October 16, 2007 to October 16, 2012.
B. (1) On May 10, 2012, around 06:54 on May 10, 2012, the Defendant is the owner and manager of the B factory located in Gu Government I, and around 06:54 on May 10, 2012, there was a fire presumed to have been caused by electrical causes, and around 1.8 meters away from that mix to the above E factory, there was an accident in which the machinery and movable property located inside the building, the ceiling of the building, the wall board, and the machinery and movable property were seriously washedd.
C. (1) Under the instant insurance contract, the Plaintiff paid KRW 60,00,00 as insurance money to C in accordance with the instant insurance contract. (2) On October 16, 2012, G paid KRW 66,142,56 as insurance money and paid KRW 126,142,56 (6,00,000,006,142,552,550) as the sum of KRW 126,142,556 (6,1452,50,500) as insurance money, G paid KRW 88,952,502 as insurance money for the damage of machinery to be caused by a fire on July 27, 2012; and (2) on October 16, 2012, KRW 14,628,951 as the sum of KRW 14,951,985,932,984,985,985