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(영문) 서울중앙지방법원 2016.11.10 2015가단5369648

구상금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 10, Eul evidence 1 to 5, and the entire purport of the pleadings:

A and B are co-owners of the building at issue which completed the registration of ownership transfer on October 8, 2007 with respect to shares of 1/2 of each of the buildings listed in the attached list.

B. On January 28, 2011, the Plaintiff concluded a fire insurance contract with regard to the insurance period of 284m2 from January 28, 2011 to January 28, 2021, with regard to the insurance amount of 86,00,000 won, and the insured B.

C. The case non-life insurance Co., Ltd. is an insurance company that entered into a fire insurance contract with the amount of insurance coverage of 270m2 from August 16, 2013 to August 16, 2018, 50,000,000 won, and as the insured B regarding the 270m2 from among the buildings listed in the attached Tables B and B.

On October 26, 2014, the Defendant concluded a fire insurance contract with regard to two single-story factories and 512m2 from October 26, 2014 to October 26, 2015, with regard to the insurance period from October 26, 2014 to October 26, 2015, with regard to the insurance amount of KRW 165,00,000, and the insured as A.

(hereinafter referred to as “Dong” and “Dong” are the objects of the fire insurance contract between the Plaintiff and B among the buildings listed in the attached list.

B has independently occupied and used the operation among the buildings listed in the attached list, and A has independently occupied and used the Dong.

F. On February 11, 2015, around 15:40, a fire was generated from a cause and fine on the left side of the operating entrance, among the buildings listed in the separate sheet, and the building, machinery, etc. was removed.

(2) On the other hand, the Plaintiff, Defendant, and Defendant Co., Ltd. are insurance companies involved in operation among the buildings listed in the separate sheet, and the insurable value of operation is KRW 112,574,037, and the total insured amount is KRW 239,398,871 = 86,00,000 of the Plaintiff’s insured amount.