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1. The defendant shall pay to the plaintiff KRW 61,608,787 as well as 5% per annum from August 9, 2019 to February 9, 2021, and from the next day.
Reasons
1. Basic facts
A. (1) On November 8, 2018, the Defendant is the lessee who leased the building E, a deposit of KRW 12 million, monthly rent of KRW 12 million, and the lease period of KRW 12 million from November 9, 2018 to November 8, 2020, which is determined in the following drawings among the building buildings on D-based ground owned by Gyeonggi-si, Gyeonggi-do. (hereinafter “each of the instant factories”).
(2) On August 13, 2018, the Plaintiff and the Plaintiff concluded a fire insurance contract and a general fire insurance contract with their insured status for compensating for losses incurred to the above ground buildings, including each of the instant factories (hereinafter “each of the instant insurance contracts”). B. around April 23, 2019, when a fire occurred at a point between E and F B, among each of the instant buildings, around April 23, 2019, the building was burned up with the load loaded at the lower part of E’s entrance and the cargo accumulated between E and F, with the expansion of the building to the E-dong and F Dong factories, each of the instant factories was destroyed by each of the instant G units (hereinafter “the adjoining building”).
The Plaintiff paid the Plaintiff’s insurance proceeds to KRW 82,221,208 (E’s damage amounting to KRW 51,714,496, F of the said building’s damage amounting to KRW 17,849,171 G of the said building’s damage amounting to KRW 12,188,772, according to each of the instant insurance contracts, the Plaintiff paid the said amount as insurance proceeds to the branch of H bank’s annual salary as a pledgee for the building owned by C, including each of the instant buildings, in accordance with each of the instant insurance contracts.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The main point of the plaintiff's assertion is to preserve and lease each factory building of this case as a lessee of each factory building of this case which is the object of lease with due care of a good manager.