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1. The Defendant’s KRW 10,304,572 as well as the Plaintiff’s annual rate of KRW 5% from December 1, 2013 to January 30, 2015.
Reasons
1. Basic facts
A. The Defendant is the owner of the building indicated in the attached list (hereinafter “instant building”), and Nonparty B operated the restaurant (hereinafter “instant restaurant”) in the name of “C” from 2004 by leasing the branch floor and the first floor among the instant building from the Defendant.
B. On June 29, 2013, when the instant restaurant was operated by B, a fire (hereinafter “the instant fire”) occurred in the kitchen of the first floor of the instant restaurant, and the inside of the instant restaurant was dissipated, and the damage, such as flooding and flooding, etc. caused by the partial combustion or postponement of the remainder of the building, including the underground floor of the instant building, was generated.
C. On December 13, 2011, B entered into a fire insurance contract (hereinafter “fire insurance contract in this case”) with Korea Commercial Insurance Co., Ltd. (hereinafter “Korea Commercial Insurance Co., Ltd.”) on the basement floor and the first floor of the instant building with the insurance period until December 13, 2016; the insurance amount of KRW 100,000,000; and the beneficiary as the beneficiary; and the Defendant entered into a fire insurance contract with the Defendant for the entire building of this case with the insurance period from September 4, 2008 to September 4, 2013; the insurance amount of KRW 100,000,000 (hereinafter “Korea Commercial Insurance Co., Ltd.”) from December 13, 2011 to December 13, 2011; and the amount of each fire insurance contract with the insurance period of KRW 100,000,000,000; and
From July 6, 2013 to July 30, 2013, the Plaintiff implemented the instant restaurant’s restoration (hereinafter “instant construction”).
E. The damage insurance, modern sea, and Mez fire is calculated as KRW 110,909,298 of the total amount of damages for common use of the instant building due to the instant fire (hereinafter the same shall apply) and the said amount of damages according to the area of each floor of the instant building.