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(영문) 서울중앙지방법원 2015.08.26 2014가단5209404

구상금

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1. The Defendant’s KRW 37,455,328 to the Plaintiff and its related KRW 5% per annum from August 5, 2014 to August 26, 2015.

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff concluded an insurance contract (insurance period: January 7, 2014; January 7, 2015; 979,851,000,000 won: KRW 979,50,000) with respect to the leased goods owned by Nonparty Capital Co., Ltd., a lease company, to compensate for losses incurred to the subject matter of insurance due to a fire or other accidents; and on August 2, 2013, the Plaintiff concluded an insurance contract (insurance period: August 2, 2018; 120,000,000,000,00 won) with respect to the “E” factories owned by B, which are operated by B, to compensate for losses incurred to the subject matter of insurance due to a fire or other accidents (the insurance period: ; 20,000,000 won in buildings: 120,00 won in inventory assets; 20,000 won in each case).

B. The Defendant, which leased from F and operated as plastic recycling factories, installed a rest room in the (container) building (container) for employees’ accommodation purposes, and installed electric installations. On April 18, 2014, a fire presumed to be an electrical element in the rest room of a building (hereinafter “instant fire”) occurred, and the adjacent “E” factory building was destroyed, and the leased machinery, inventory assets, and household fixtures inside the “E” factory building were destroyed by fire.

C. On July 2014, the Plaintiff paid KRW 26,064,566 as the insurance money for the instant fire, and KRW 31,39,018 as the insurance money for the damage of leased machinery to Korea Capital Capital Co., Ltd., and KRW 31,39,018 as the insurance money for the damage of buildings to D owner of the “E” factory on June 27, 2014, and KRW 10,637,014 as the insurance money for the damage of inventory assets and household fixtures, and paid KRW 68,10,598 as the insurance money to B. This is reasonable as the amount within the scope of the damage suffered by the victims.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim and the evidence adopted earlier, the Defendant installed the factory (container) adjacent to the “G” factory, which is the leased object, for employees’ accommodation, and completed electrical equipment.