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(영문) 서울중앙지방법원 2020.10.30 2018가단5072068

구상금

Text

1. The Defendant’s KRW 300,234,010 as well as 5% per annum from January 17, 2018 to October 30, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 14, 2015, the Plaintiff is a building listed in Paragraph 2 of the attached Table (hereinafter “instant Cdong building”) as indicated in the attached Table (hereinafter “instant building”).

) The buildings listed in paragraphs (3) and (3) (hereinafter referred to as “instant Ddong buildings”) and, in addition to the instant Cdong buildings, “each of the instant buildings” shall be construed as “each of the instant buildings.

(E) each fire insurance contract (amounting to KRW 200,000) with E is the insurer (hereinafter “each of the instant insurance contracts”).

(2) On March 30, 2017, the Defendant concluded a lease agreement with F and E, the owner of each real estate listed in the separate sheet, with the effect that each of the said real estate was leased by setting the deposit amount of KRW 80,000,000, annual rent of KRW 75,000,000, and the lease period of KRW 10,000,000, from April 10, 2017 to April 9, 2019.

(hereinafter “instant lease agreement”). B.

On June 1, 2017, around 12:40 on the occurrence of the instant fire, fire occurred inside the second floor of the instant Cdong building, and most of the instant buildings were destroyed by fire.

(hereinafter “instant fire”). C.

The Plaintiff paid insurance money to the insured F, the owner of each of the instant buildings, KRW 400,312,014 (= insurance money of KRW 263,395,211 for the instant building) and KRW 136,916,803 for property damage incurred from the instant building, and KRW 136,916,80 for each of the instant buildings. On January 16, 2018, the Plaintiff paid insurance money of KRW 400,312,014 for the instant building (= KRW 263,395,211 for the instant building).

As a result of the investigation on the cause of the instant fire, 1) The National Research and Investigation Agency of Korea can be seen as a point of combustion within a broad range of the G heading of the second floor of the instant Cdong building and its surrounding areas. However, there is no distinction between the site and the characteristics related to the chemical combustion due to the severe combustion and transformation, and there is no discussion on the specific cause of combustion and the specific cause of combustion. 2) The government fire fighting library of the 2nd outdoor H heading of the instant building (the instant Cdong building) at the right edge of the outdoor H heading of the instant building.