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The Defendants jointly share KRW 44,195,192 with the Plaintiff as well as KRW 5% per annum from April 2, 2014 to July 24, 2018.
Reasons
1. Basic facts
A. The Plaintiff entered into an insurance contract with D on January 16, 2013 to January 16, 2018, with respect to the instant building (hereinafter referred to as “instant building”), for non-payment of dividends (hereinafter referred to as “Plaintiff insurance”).
B. Defendant B leased the fourth floor of the instant building from D and operated a health club (hereinafter “instant health club”). Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a non-dividend H agreement on the instant health club (hereinafter “Defendant insurance”).
C. On January 15, 2014, around 00:45, a fire was presumed to have been presumed to have been electric factors, such as joint lines, in the instant health club.
(hereinafter “instant fire”). D.
The Plaintiff’s insurance on the instant building, the purchase amount of Defendant’s insurance coverage, and the total amount of damages caused by the instant fire investigated by the adjuster are as follows.
C
E. On March 4, 2014, the Plaintiff paid KRW 27,007,560 according to the Plaintiff’s share of double insurance, as to the damage incurred to the instant building due to the instant fire, to D, and paid KRW 28,236,430 on March 21, 2014, upon receiving a prior request from Defendant C for pre-processing from Defendant C, additionally paid KRW 55,243,90 on April 1, 2014, the Plaintiff paid the amount of damages to the instant building.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 11 (including branch numbers), the purport of the whole pleadings
2. Determination as to the claim against the defendant B
(a) Where a lessee becomes unable to fulfill his/her duty to return the leased object, if the lessee is liable for damages due to the nonperformance, he/she shall be responsible to prove that the impossibility of performance is not due to the lessee’s cause attributable to him/her, and where the leased building was destroyed by fire and the cause of the fire is unknown, if the lessee is exempted from his/her liability, the preservation of the leased building shall be effected.