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(영문) 서울중앙지방법원 2021.01.14 2019가단5166816

구상금

Text

The plaintiff's claim against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with D (hereinafter referred to as “D”) with the insurance coverage period from November 24, 2014 to November 24, 2019, with the six-story G restaurant (hereinafter referred to as “instant restaurant”) among the six-story history of the 3rd floor above the 9th floor above the 3rd floor underground located in Suwon-gu, Suwon-gu, Suwon-si, with the insurance coverage, with the total amount of security for property damage (including the special terms and conditions of security for damages within the limit of 500 million won), with the insurance coverage amount of 50 million won (including the total amount of 20 million won, facility 20 million won, house fixtures 100 million won, and house fixtures 100 million won) (hereinafter referred to as “the insurance contract of this case”). Defendant B entered into an insurance contract with the Plaintiff with the construction completion of the construction work of this case from September 25, 2014 to 30 weeks (hereinafter referred to as “Defendant C”).

9. 22. A person that contracted out construction works within the F history point from D (predetermined to be completed on December 5, 2014).

B. On August 11, 2016, around 23:52, a fire (hereinafter “the instant fire”) occurred in the kitchen of the instant restaurant, and the damage the instant restaurant’s interior was caused by the loss of the Plaintiff’s main and main facilities, the washing machine inside the kitchen, the emitting machine, etc., the damage that caused the Plaintiff’s losses and losses of the Plaintiff’s facilities, equipment, and movables of the instant restaurant operated by H located on the same floor as the instant restaurant, the damage was caused by the damage that caused the damage of the Plaintiff’s interior of the instant restaurant and the damage that caused the property’s loss and the property’s loss, the interior and inventory of the K clothing shop operated by J on the fifth floor of the instant restaurant, which was located on the fifth floor.

(c)

Under the instant insurance contract, the Plaintiff paid KRW 73,905,479 to D on December 9, 2016 (i.e., facility damage KRW 61,36,681); KRW 10 million to J on March 29, 2017; KRW 19,923,516; KRW 103,828,995 (i.e., KRW 73,905, KRW 19,00 KRW 19,923,516) to L Co., Ltd.; and KRW 28,462,516) as insurance proceeds.

(d)

The summary of the research results on the point or cause of the fire of this case is as follows.

. The point of origin determination.