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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 75,979,618 as well as 5% per annum from October 30, 2018 to July 23, 2020.
Reasons
1. Basic facts
A. The Plaintiff, an insurer related to the parties, entered into a fire insurance contract (hereinafter “instant insurance contract”) with D (hereinafter “insured”) whereby the insurance period from April 5, 2018 to April 5, 2021, the Plaintiff, as the insurer of the parties, incurred a fire in the event of a fire in light of the 1st floor Fdong, Gdong, warehouse building (hereinafter “Fdong and Gdong building”) located in the wife population E, as the case from April 5, 2018 to April 5, 2021.
The defendant company leased and occupied Gdong building from the insured who is the owner of the building, and used it as a logistics warehouse, and the defendant C leased and used the Fdong building located immediately adjacent to the Gdong building from the insured.
B. (1) On July 19, 2018, around 03:51, when a fire accident occurred and the payment of insurance proceeds thereof (hereinafter “instant fire”) occurred, a fire that happens on the side of the Gdong building and thus is burned up to the next Fdong building (hereinafter “instant fire”).
(2) The damage caused by the instant fire, which caused damage to Gdong building and Fdong building, and the Plaintiff, an adjuster, the Plaintiff’s commission, determined the damage amount to KRW 129,970,883 in the case of Gdong building, KRW 96,443,66 in the case of Fdong building, and KRW 226,414,549 in the aggregate.
(3) Under the instant insurance contract, the Plaintiff paid KRW 226,414,549 to the insured on October 29, 2018 as the insurance money for the damage incurred by the instant fire.
C. In full view of the circumstances, such as (1) the analysis of the place and cause of the fire (i) the first fire site inspection report in the Gdong fire station (determination of the point of combustion) was observed that the CCTV images that were burned in the Fdong direction were generated on the side of the Gdong building, and the time of operation in the heat reduction of the security equipment installed inside the Fdong building was after the first CCTV was observed at around 03:53, the first fire occurred in the vicinity of the Gdong and the entire Gdong area.