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1. The Defendant’s KRW 36,719,395 as well as annual 6% from August 27, 2015 to August 23, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. Lease contract between B and the Defendant 1) Busan Suwon-gu C Ground 1, and 7th floor above ground (hereinafter “instant building”).
(2) On November 15, 2013, the Defendant leased the five-story store of the instant building (hereinafter referred to as the “instant store”) from B, to KRW 10 million, KRW 1300,000,000, monthly rent, and KRW 36 months, respectively, and operated the restaurant.
B. Around March 9, 2011, B entered into an insurance contract between the Plaintiff and B with the term of insurance from March 19, 2011 to March 19, 2016, with the building of this case as the subject matter of insurance, respectively, with the insurance amount of KRW 300 million.
C. 1) However, a fire on June 14, 2015, which is within the insurance period of the pertinent insurance contract, is deemed a fire around 11:18 (hereinafter “instant fire”).
(2) As a result, some of the instant stores, the stairs room, elevator and building outer walls of the instant building were destroyed or damaged, and as a result, the damage incurred in the amount of KRW 85,451,171 as to the instant building was incurred. (2) Meanwhile, the summary of the fire inspection results of the Busan Southern Fire Fighting Station and the Busan Southern Fire Fighting Station is presumed to have been first generated in the vicinity of the air condition conditioning inside the instant store, but the exact cause is unclear.
Under the insurance contract of this case, the damage adjusting company of this case investigated the damage of B caused by the fire of this case, diagnosed the amount of net damage to B as KRW 85,451,171, and the insurance amount to be paid to B as KRW 53,809,630, and the Plaintiff paid KRW 53,809,630 on August 26, 2015.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings
2. Determination
A. The Defendant’s liability for damages against B is the subject matter of lease where the Defendant is liable for damages for the part of the instant store.