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Reasons
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(영문) 서울중앙지방법원 2020.12.15 2020가단5078649
구상금
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1. Defendant B’s KRW 127,101,803 as well as 5% per annum from November 14, 2019 to May 9, 2020.

Reasons

1. Basic facts

A. 1) D is a building with the second floor neighborhood living facilities located in Yeonsu-gu Incheon Metropolitan City E (hereinafter “instant building”).

(2) The Plaintiff is the owner of the building of this case. (2) The Plaintiff is the insurer which has concluded a fire insurance contract with D and the amount of KRW 2,380,00,000 ( KRW 1,980,000,000, KRW 300,000, KRW 100,000, and KRW 100,000,000 for the house).

3) Defendant B leased the instant building from D and operated the restaurant in mutual name. 4) The Defendant Company concluded a fire insurance contract of KRW 670,000,000 with respect to the instant building with Defendant B (20,000,000,000,000,000,000 facilities, facilities, and KRW 120,000,000,000,000,000,00 with respect to the amount of the liability security.

B. On July 4, 2017, around 04:38, a fire occurred in the instant building, and the fire occurred on the first floor of the building, and the fire was destroyed by a kitchen room and hole, the second floor, and the second floor, and the occurrence of damages, such as flooding, smoke, etc., in the finishing materials and facilities of the building (hereinafter “instant fire”).

(2) The amount of damages caused by the instant fire is KRW 467,10,000, totaling KRW 387,700,000, and KRW 79,400,00,000.

C. (1) The Plaintiff and the Defendant Company paid D the instant fire insurance amount of KRW 150,00,000 ( KRW 100,000,000, KRW 5000,000, and KRW 50,000) on November 16, 2017, and KRW 100,000 (building) on February 1, 2018. (2) The Defendant Company also paid D the instant fire insurance amount of KRW 50,000,00 ( KRW 30,000,000, KRW 20,000) on January 31, 2018.

3) On July 12, 2018, the Plaintiff filed a lawsuit for damages and revocation of a fraudulent act against Defendant B and G with respect to the insurance proceeds paid under the foregoing paragraph (1) (Seoul Southern District Court 2018Gahap108248), and withdrawn the lawsuit against G.

On June 14, 2019, the above court rendered a judgment that “Defendant B shall pay the Plaintiff damages amounting to KRW 250,000,000 and damages for delay,” and the above judgment became final and conclusive around that time.

4. Defendant.

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