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1. The Defendant shall pay to the Plaintiff KRW 33,948,470 per annum from April 27, 2017 to September 5, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurance company that entered into a fire insurance contract, such as the attached Form, with A, and the Defendant is a lessee who has leased a building, which is an insurance object, from A (hereinafter “instant building”).
B. On March 3, 2017, around 10:40, the Defendant’s employee laid waste timber into the lower drum of the instant building and incinerated waste, and caused a fire accident involving the destruction of waste materials inside and outside of the instant building and Ddong buildings, which caused the fire to be laid down to the wall of the building due to negligence of neglecting the chemical source (hereinafter “the instant fire”).
C. On April 26, 2017, the Plaintiff paid KRW 66,283,052, which is equivalent to the amount of damages incurred by the instant fire, to A as insurance proceeds.
On the other hand, the Defendant entered into a separate fire insurance contract with DB damage insurance company on the instant building, Defendant’s inventory assets, fixtures, etc. as the subject matter of insurance. DB damage insurance company paid only KRW 32,334,582 as the amount of indemnity to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, the fire of this case occurred due to the defendant's negligence, and the plaintiff acquired the claim for damages of this case by paying insurance money to A for the fire of this case, barring any special circumstance, the defendant is obligated to pay to the plaintiff 3,948,470 won (66,283,052 won - the amount of the plaintiff's insurance money - the amount of indemnity payment of DB damage insurance company - 32,334,582 won) and damages for delay.
B. (1) The defendant asserts that the compensation for the damage caused by the fire of this case should be made by the defendant, but the circumstance that the defendant separately purchased the fire insurance policy is that A or the plaintiff.