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(영문) 서울중앙지방법원 2015.02.10 2013가단5147646

구상금

Text

1. Defendant A’s KRW 17,558,913 as well as 5% per annum from October 29, 2013 to November 6, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 1, 2011, the building of this case is owned by the Defendant Namyang Red Co., Ltd. (hereinafter “Defendant clan”). Defendant A was engaged in filial duty, manufacturing and wholesale business under the trade name of “C” after leasing the building of this case from the Defendant clan, and D was engaged in 20-250,000 won per month to Defendant A again in the form of turning a part of the building of this case from the Defendant of the same clan. (The rent of Defendant A is KRW 700,000,000,000,000,000,000,000 won per month from the entrance of the building of this case (the rent of Defendant A is KRW 60,000,000,000,000,000).

B. On July 21, 2013, around 04:20, a U.S. fire occurred in the vicinity of the power distribution team installed on the right wall of the entrance inside the instant building (hereinafter “instant power distribution team”). Accordingly, the instant building and the products inside the instant building were damaged.

C. On May 19, 2010, the Plaintiff is an insurer that entered into an indemnity insurance policy with respect to the building and goods of this case with the amount of 30,000,000 won, 60,000,000 won, and for the period from the same insurance period to May 19, 2014.

On October 28, 2013, the Plaintiff paid KRW 27,794,569, and KRW 20,000 to D with the insurance money corresponding to the amount of damages caused by the instant fire, and again paid KRW 40,00,000 to D on December 4, 2013.

Considering around September 2013 of the drawing up of the Yangju chief of fire station, the answer to the fire damage adjusting corporation is indicated as “the cause of fire: the presumption of the outbreak by the electrical dust.” On August 19, 2013, the Fire Certification Board stated as “the cause of fire: the electrical factor/unexploss,” and the fire site investigation as “the direction of combustion that has been enlarged from the upper right line of the building to the surrounding area,” and the fire site investigation report is adjacent to the distribution box.