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(영문) 서울중앙지방법원 2021.02.05 2020가단5127541

구상금

Text

1. The Defendant’s KRW 11,074,975 for the Plaintiff and its related KRW 5% per annum from April 28, 2020 to February 5, 2021.

Reasons

1. Basic facts

A. Around June 2, 2003, C newly built on the D ground of Jincheon-gun, Jincheon-gun, the roof of the steel-frame panel (the floor area of 98 square meters and the lower part) of the building. On November 14, 2003, the total floor area of 84 square meters was extended (hereinafter “the building in this case”). B. C. Around November 14, 2003, the building of 84 square meters in total floor area was extended (hereinafter “the building in this case”).

B. From C, on December 2013, E leased the above part and operated “G” in the name of “F” (hereinafter “E store”), and the Defendant leased the said part of the instant subordinate provision around March 2016 and operated the said part (hereinafter “Defendant shop”).

On the other hand, between E and E on May 8, 2014, the Plaintiff concluded a fire insurance contract with respect to E stores and E-owned facilities, fixtures, and movables.

Insurance period: From May 8, 2014 to May 8, 2024: the amount of insurance coverage: 40 million won for buildings, facilities (to be floorboards, partitions, walls, signboards, etc.), and office fixtures (such as books, chairs, printing equipment, etc.), 10 million won for movable property (placardss, signboard parts, etc.) and 3 million won for losses incurred by fire and the removal of remaining objects shall be compensated for up to the amount of insurance coverage.

(d)

On December 21, 2019, around 15:39, there was a fire at the Defendant shop, and this was also expanded to E stores (hereinafter “instant fire”). E. The instant fire, which is the owner of the instant building, incurred damages, such as the fire by E stores, and E stores were located in E stores.

The E-owned facilities, etc. were damaged by fire, etc., and the amount of damage was assessed as follows:

1) Building: 3,524,206 won for removal of residuess of KRW 37,496,098 for the cost of repair - 396,435 won for the value of residuals - 40,623,869 won for the cost of repair - 5,509,623,869 won for the cost of repair - 810,893 won for removal of residuess of KRW 6,320,019 = 24,501,55 won for movable property: 3,803,550 won for the cost of repair :

F. Under the above insurance contract, on April 27, 2020, the Plaintiff’s 40 million won out of the amount of damages set forth in the above paragraph (1) to E as insured person, and 3).