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(영문) 서울중앙지방법원 2020.10.15 2017가단5030784

구상금

Text

1. Defendant C’s KRW 12,756,141 as well as 5% per annum from January 26, 2017 to October 15, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. E leased part of approximately 32.76 square meters (trade name H; hereinafter “instant building”) of the first floor of the building of Jung-gu Incheon Jung-gu G site from F, Jung-gu, Incheon, and the Plaintiff is an insurer who entered into a comprehensive insurance contract with E with regard to the instant building and its internal machinery, movable property, etc.

B. On February 1, 2016, I leased a building that is adjacent to the instant building from F Co., Ltd., and sublet a part of the building to Defendant B (hereinafter “small Sub-workplace”).

C. On June 1, 2016, Defendant C took over and operated a small sub-workplace from Defendant B. On August 20, 2016, the occurrence of a fire at a small sub-workplace workplace on August 20, 2016, and the occurrence of a fire and the occurrence of a fire that occurred in a small sub-workplace workplace on August 21, 2016, and the occurrence of a fire that

(hereinafter “instant fire”). D.

Defendant C, at the small-sized shop on the date of the instant fire, was using a seal containing a string and painting with a string of around 18:30, while performing the construction of a string and heat processing work at a passenger car even at the small-sized shop on the date of the instant fire.

After the same day, Defendant C sent out for a meal room at around 20:10 on the same day, but returned to the workplace at around 21:58, and observed the instant fire.

In addition, Defendant D, at around 17:00 on the date of the instant fire, arrived at the small-sized department workplace to carry out the printing of automobiles upon Defendant C’s request, and used the stringer from outside of the building to 18:00, carried out the printing of string vehicles using the stringer from the outside of the building, and thereafter, Defendant D carried out approximately 20 minutes of the sales of string truck using the oxygen folder and the stringer inside the building, and carried out the sales of strings of large trucks at around 19:40.

E. On December 19, 2016 and January 25, 2017, the Plaintiff paid KRW 34,489,387, a sum of KRW 43,446,491, out of the net amount of loss as stated below, to E, with insurance proceeds from the instant fire, as follows:

The insurable value, loss, and value of the subject-matter of insurance.