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(영문) 서울중앙지방법원 2016.08.24 2015가단5316811

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. In each of the following buildings, the following: (a) the secondary distribution and wholesale business was operated under the trade name of “C”:

① A temporary building of 1,189.5 square meters (hereinafter “factory operation” in this case) with a single-story structure (hereinafter “Dong”) < Amended by Presidential Decree No. 124.94 square meters of 124.94 square meters of 124.94 square meters of “Nadong” (hereinafter “office operation of this case”) < Amended by Presidential Decree No. 2012, Dec. 3, 2006>

B. On December 2, 2013, A concluded the instant insurance contract with the Defendant with a view to ensuring the comprehensive risk of assets, such as the instant building (factory operation, office operation, and warehouse operation) and its facilities, machinery, inventory assets, etc.

* Insurance types: PACKGE insurance (property comprehensive insurance): D* policyholder and insured: C (A)* Insurance subject matter and location of the instant building (factory operation, office building): insurance period* December 02, 2013 and December 02, 2014 (1) * Insurance coverage details (security details, extracted) * Building damage amounting to 526,000,000 won.

C. On February 27, 2014, A concluded the Plaintiff’s insurance contract with the Plaintiff with the following content.

* Insurance types: Undividend Samsung Fire Property Insurance Co., Ltd. (1308.2) * Insurance policy holder and the insured: E * Insurance policy holder and the insured: A* Insurance purpose (water) and location: insurance period covered by only 5.03 square meters of the building of this case “ware-dong” among total 3 bonds * Insurance period: February 27, 2014 * Details of insurance policy (the details of security, arcts): Fire damage (building) 300,000,000 won

D. On October 20, 2014, the term of each of the instant insurance contracts, around 20:20, when a fire occurred in the “factory Dong” building among the instant buildings, the combustion of the instant “factory Dong” was expanded to the instant “ware Dong” building that was directly connected with the fire, and the accident that collapsed to the “ware Dong” building.

E. On November 28, 2014, the Plaintiff paid KRW 185,594,112 as the amount of damages on the basis of the refinancing price for “wareed building” to A as the insurance proceeds.