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1. As to KRW 71,922,290 and KRW 70,531,00 among the Plaintiff and KRW 70,531,00 from December 7, 2012 to July 2, 2014.
Reasons
1. The following facts can be acknowledged in full view of the statements in Gap evidence 1 to 10 and the whole purport of the pleadings as a result of the fact-finding inquiry by the court as to Chocheon-si.
For the purpose of cultivating ornamental trees in the land B (hereinafter “the mountainous district of this case”), the Defendant filed a report on temporary use of the mountainous district of this case on March 3, 201 with respect to the mountainous district of this case on March 3, 2011 and obtained permission.
B. On March 8, 2011, the Defendant entered into a guarantee insurance contract with the Plaintiff, the insured City, Incheon Metropolitan City, the insurance amount of KRW 267,471,00, and the insurance period from March 3, 201 to October 31, 2012 (hereinafter “instant guarantee insurance contract”) and submitted the guaranty insurance policy with the Plaintiff for presentation.
C. Meanwhile, according to the instant guarantee insurance contract, where the Defendant failed to perform its duty to restore the instant mountainous district to its original state, and the Plaintiff pays the insurance money at the time of Incheon, the Defendant shall immediately pay the insurance money to the Plaintiff. However, if such payment is delayed, the Defendant shall pay the insurance money in addition to the damages
After that, the defendant damaged the mountainous district of this case and neglected it, and the defendant did not comply with the request to submit an interim restoration plan for the prevention of disasters.
E. Accordingly, on July 9, 2012, the Plaintiff notified the Plaintiff that he/she would claim for the guaranteed insurance benefit, and on July 12, 2012, the Plaintiff sent to the Defendant a written statement demanding the confirmation of the occurrence of the insured accident and requesting the confirmation of the facts by content-certified mail.
F. On July 19, 2012, Jeju City revoked permission for mountainous district conversion on the grounds that the Defendant did not submit a written opinion following the permission to extend the period of a place of temporary use report, and the receipt of a report on temporary use report. In addition, matters concerning the submission of restoration design plans and the claim for restoration expenses, and remedies.