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1. The judgment of the court of first instance is modified as follows.
Defendant A shall pay to the Plaintiff KRW 5,173,779 and KRW 2,586,889 among them.
Reasons
1. Basic facts
A. According to the Plaintiff’s entry of 49.60 square meters of a single-story building 49.60 square meters (hereinafter “instant building”) with B, the actual area of the instant building is 52.5 square meters (101 square meters, 25 square meters, 102 square meters, 27.5 square meters).
From July 1, 2012 to July 1, 2012, Defendant A is the insurer who entered into a fire insurance contract with Defendant A with respect to the subject matter of the lease in the instant case, with the term of KRW 10,000,000, monthly rent of KRW 250,000, and the term of lease of KRW 24 months. Defendant D non-life insurance company (hereinafter “Defendant Company”) is the insurer who entered into a fire insurance contract with Defendant A regarding the subject matter of the lease.
B. On November 11, 2013, the Plaintiff entered into a fire mutual aid contract with B with the subject matter of mutual aid, including the instant building, the insurance period from November 11, 2013 to November 16, 2014, and the amount of mutual aid as KRW 14,826,221, the Defendant A entered into a fire mutual aid contract with the Defendant company on July 1, 2014; the subject matter of mutual aid; the subject matter of mutual aid from July 1, 2014 to July 1, 2019; the insured amount was KRW 30,000,000; and the fire damage amount was KRW 20,000; and the fire damage amount was KRW 14,826,221.
C. A fire accident (hereinafter “the instant fire accident”) occurred on September 9, 2014, around 00:29, around 00:00 and 29, the said leased object took place with 6 points, such as a fluor, and fluor, caused a negative damage of 35 square meters. There was a loss of 10 square meters in loss, and as a result, the net amount of damage B was assessed as KRW 10,347,558.
The Plaintiff paid 5,173,779 won to B on October 10, 2014 under the fire mutual aid agreement.
[Ground of recognition] Unsatisfy, A(1) through (3)