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1. The Defendant: (a) KRW 20,153,340 for the Plaintiff and KRW 5% per annum from October 28, 2017 to July 19, 2019.
Reasons
1. Basic facts
A. On December 4, 2016, the Plaintiff concluded a fire insurance contract with the insured C, the insurance period from December 4, 2016 to December 4, 2017, with respect to the building for the rest area D (hereinafter “instant building”) owned by C and the Plaintiff, namely, the amount of 500,000,000 insurance coverage.
B. On September 3, 2015, the Defendant leased part of the instant building (hereinafter “instant leased”) from C and operated a restaurant “E” at that place.
C. On September 2, 2017, at around 02:41, a fire (hereinafter “instant fire”) occurred in the store adjacent to a restaurant among the leased premises of the instant case, and the said warehouse (hereinafter “instant fire”) was relocated, and some (36 square meters) of the leased premises of the instant case were destroyed.
On October 27, 2017, the Plaintiff paid KRW 40,306,680 insurance money to C.
E. The results of the instant fire investigation are as follows.
Fire site investigation report - The point of combustion of Gangwon Hongcheon Fire Station: The examination of the cause of fire is limited to the portion of Kimchi air conditioning, which was predicted by taking into account the shape of expansion of combustion in the surrounding area, the degree of loss of storage, and the type of carbon conditioning : Electric factors: the possibility of fire caused by the national corrosion by continuously heat due to lack of contact between the old container and frackers, etc., but the possibility of fire can not be ruled out, however, there is no mechanical, human care, and other factors that are difficult to be determined as fire because the electrical characteristics are not distinguished, - There is no possibility of fire: Fire, personal care, and other factors; fire possibility is low; and there is no circumstantial ground to exclude: The point of combustion can be presumed to be limited to the portion of the part of Kimchi air conditioning, but the point of combustion can be presumed to be limited to the part of the Kimchi air conditioning by taking into account the direction of fire and the form of combustion, and there is no specific cause of fire that can be identified from the automatic air fr.