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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 42,808,958 and KRW 35,729,791 from November 9, 2016.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a housing fire insurance contract with the council of occupants’ representatives (hereinafter referred to as the “instant council of occupants’ representatives”) with the insurance coverage period from March 26, 2016 to March 26, 2017. From March 26, 2016, the insurance subject matter was 3 units and appurtenant facilities of the 15th apartment building in the G-gu Seoul Northern apartment complex (hereinafter referred to as the “instant apartment complex”) and household tools, etc. with the insurance coverage amounting to 27,486,00,000 won (hereinafter referred to as the “instant insurance contract”).
B. On August 1, 2016, around 07:59, a fire (hereinafter “instant fire”) occurred in 101 Dong 1502 (hereinafter “instant apartment building”) owned by B and his wife B, and around 1502 Dong 1502 (hereinafter “instant 1502”), among the instant apartment buildings, suffered damage, such as damage by a fire (i.e., the total inside of the instant 1502 fire and various household effects from the fire, (ii) 101 Dong 1402 among the instant apartment buildings, (iii) flood by fire flow, (iv) 101 Dong 1402, Dong 101, Dong 202, and 101 Dong 202.
C. On November 3, 2016, the Plaintiff paid KRW 52,205,171, and KRW 35,631,617 to the owner of the instant 1502 owner B, and KRW 35,631,617 to D, and KRW 93,048 to the owner E, on November 202, 2016, KRW 76,892 to the instant council of occupants’ representatives, and KRW 7,513,421 to the instant council of occupants’ representatives on March 17, 2017.
The Defendants are insurers who concluded an insurance contract (the maximum amount of 100 million won each), which provides the insured as B with each family life compensation liability (hereinafter “the above special agreement”) as collateral, and according to the above special agreement, the insurer is obliged to compensate for the damages incurred by the insured [the insured, the spouse of the insured, etc. indicated in the insurance policy) by bearing the legal liability for the damage of property due to any contingency caused by the possession, use, or management of the insured.
Defendant.