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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person running an automobile and fire insurance business, and the Defendant is a person running an entertainment drinking house business under the trade name “C” on the third floor in Jinju-si (hereinafter “instant building”). The Plaintiff and the Defendant concluded a fire insurance contract (hereinafter “instant insurance contract”) with the following contents:
The insurance period of A (Defendant): The insurance amount to be paid by the company under Article 19 (Payment Insurance Money) out of the terms and conditions of the insurance contract of this case in the amount of KRW 100 million,00,000,000 won (the date of a building) to May 17, 2006 to May 17, 2013: The insurance amount to be paid by the company under the following provisions:
(1) When the insured amount is equal to or greater than 80% of the insurable value: Total amount of damages up to the insured amount. (2) When the insured amount is less than 80% of the insurable value, the amount of damages 】 the insured amount ± the insurable value ± 80% of the insurable value: Provided, That it shall be limited to the insured amount.
(3) When the insurance purpose is products, products, semi-finished products and raw materials regardless of subparagraphs 1 and 2: Amount of loss ¡¿ amount of insurance coverage ± insurable value, if the insurance amount exceeds the insurable value, it shall be limited to the insurable value.
B. The Defendant entered into an insurance contract as above and operated an entertainment tavern on November 27, 201 (hereinafter “instant fire”). Accordingly, there was a fire on the ground of 06:58 on November 27, 201 (hereinafter “instant fire”). Accordingly, 85.49 square meters of the instant building was destroyed, and 391.19 square meters of the instant building were damaged. The amount of damages suffered by the Defendant due to the instant fire is KRW 2,036,918, and KRW 125,748,849, and KRW 125,749.
C. The insurable value of the instant building (the date of the building) is 48,561,810 won, and the insurable value of the house (the interior, the date of the house construction) is 37,125,960 won.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4 and 6, respectively.