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1. The Defendant’s KRW 5,134,180 as well as the Plaintiff’s annual rate from May 20, 2017 to January 10, 2019.
Reasons
1. Facts of recognition;
A. On November 22, 2016, the Plaintiff concluded a F insurance contract (hereinafter referred to as the “instant insurance contract”) with the content that: (a) from November 22, 2016 to November 22, 2017, the Plaintiff owned the Plaintiff’s store (hereinafter “Plaintiff’s store”) among the instant building; and (b) between E and E who operates a screen golf course, the insured; and (c) from November 22, 2016 to November 22, 2017, the content of the instant insurance contract covers the “facilities owner’s compensation for the Plaintiff’s store” (hereinafter “instant insurance contract”).
B. The Defendant, as the owner of the G heading shop among the instant building (hereinafter “Defendant shop”), operated a mutually named restaurant “H” at that place.
C. On November 23, 2016, around 01:36, the fire occurred in the Defendant shop, and the fire was immediately moved to the adjacent Plaintiff shop, and the damage was caused by the fire of the Plaintiff shop.
(hereinafter “instant fire”). D.
In light of the fact that the Seoul Metropolitan Police Agency criminal and scientific investigative circles are identified in the form of burning at the site after fire identification, and in the contact line inside the ceiling of the defendant store, it is expressed that the fire in this case is presumed to have been generated by electrical factors inside the ceiling of the defendant store.
E. The Plaintiff considered the amount of damages incurred in the Plaintiff’s store as KRW 64,215,485, and paid KRW 34,098,696 to the insured E, in total, KRW 16 million as of March 20, 2017 and KRW 18,098,696 as of May 19, 2017, by sharing it with other duplicate insurers.
F. Meanwhile, the Plaintiff returned KRW 18,734,907 on July 24, 2018, when the Plaintiff entered into a contract for the liability insurance for facility owners (management) with the Defendant’s store.
[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 12 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the fact that the defendant's liability for reimbursement was established, the fire of this case is established.