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1. The Defendant’s KRW 51,130,628 as well as 5% per annum from April 15, 2014 to November 19, 2015 to the Plaintiff.
Reasons
1. On November 2, 2009, the Plaintiff entered into a fire insurance contract with the representative C of the Class B (hereinafter “instant insurance contract”) stipulated from the insured C, the Gyeonggi-do factory building located in Gwangju-si (hereinafter “instant building”), the subscription amount of KRW 120,00,000, and the insurance period from November 2, 2009 to November 2, 2014 (hereinafter “instant insurance contract”).
The building of this case is a factory building owned by the Class B, which is the representative of the above clan C (the policyholder and the insured of the insurance contract of this case, and the lessor of the lease contract under the below are all referred to as the "C", but all of the parties to this case appears to have been in Category B, and there is no dispute between the parties to this case; hereinafter the above clan or C is referred to as the "leased"). On August 17, 2011, the above clan and the defendant entered into a lease agreement with the defendant for the lease of KRW 40 million for the whole building of this case and the lease of KRW 3.6 million for monthly rent, and the defendant operated the manufacturing plant of this case with the trade name "E".
On January 23, 2014, at around 05:23, a fire (hereinafter “instant fire”) occurred in the instant building that the Defendant leased and occupied, and the instant building was destroyed as a whole due to the said fire.
With respect to the cause of the instant fire, a comprehensive report on the fire investigation in the Gan Fire Fighting Unit states, “Inasmuch as the heat strekes or heat strekes are found in the electric power-related vessels (e.g., copper heat prevention lines, heat power source lines, electricity exhauster lines, etc.; hereinafter “dynamics prevention heat lines, etc.”) bound by the water tank inside the inner wall of the water tank presumed to be the first fire fighting unit, the comprehensive report on the fire investigation in the Kan Fire Fighting Unit states that “Is to be presumed to be a fire that has been burnedd by the electric heat strings, such as the plant, the plant, and the wall wall of the sand position panel structure, etc., loaded in the streke and the bottom.”
The Gwangju Police Station.