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(영문) 서울중앙지방법원 2019.01.11 2018가단5132052

청구이의

Text

1. The Defendant’s claim for reimbursement against the Plaintiff was made on March 23, 2018 by the Seoul Central District Court 2018Gaso13748.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who operated the automobile maintenance business in the name of “D” in the name of “D,” among the 3rd floor buildings located in the Dong Government-si, and the Defendant concluded each H insurance with F, the owner of the 3rd floor building on the ground (hereinafter “victim building”) adjacent to the instant store, which is the owner of the said building, the household appliances and the damaged building, each of the facilities of the first floor restaurant (G) and the single of the damaged building, and each of the facilities of the single on the house.

B. On October 8, 2017, the Plaintiff stored automobile-related parts in the material storage of the sandd position panel located behind the instant store building. On or around October 16:30, a fire occurred in the vicinity of the said material storage (hereinafter “the instant fire”), and the mash, window-hos, electric distribution lines, etc. of the damaged building were small, and the singing room and the restaurant facilities of the first floor of the damaged building were contaminated by the noise room on the floor and the efficiencies of the efficiencies.

C. On February 13, 2018, the Defendant paid KRW 22,376,005 (i.e., total insurance money of KRW 19,019,540, restaurant insurance money of KRW 19,162,068, 2,194,397) to the construction business operator who was delegated the receipt from the insured.

Since the fire in this case occurred at the material warehouse of the Plaintiff’s possession as the Plaintiff’s negligence, the Plaintiff is liable to compensate the Plaintiff for damages, and the Plaintiff jointly discharged the Plaintiff by paying insurance money to F. Therefore, the Plaintiff is liable to pay the Defendant the amount of indemnity amounting to KRW 22,376,00 and the amount of KRW 5% per annum from February 13, 2018 to the date of delivery of a copy of the complaint, and KRW 15% per annum from the next day to the date of full payment.