beta
(영문) 서울중앙지방법원 2020.06.18 2019가단5186919

보험금

Text

1. Defendant B Co., Ltd.: (a) KRW 13,763,114 and KRW 5,527,451 among the Plaintiff; (b) from July 2, 2018; and (c) KRW 8,235.

Reasons

1. Basic facts

A. The Plaintiff, who entered into a lease agreement, is a person who carries on the electronic components manufacturing business under the trade name of “E” at a place of business located D in Gyeonggi-si (hereinafter “instant place of business”).

On November 8, 2016, the Plaintiff concluded a facility financial lease agreement with FF Co., Ltd. (hereinafter referred to as “F”) on the CNC Automatic Line (the G, model name: H, and model name; hereinafter referred to as “Lease Property 1”) and entered into a facility financial lease agreement on the CNC Automatic Line (the manufacture: I: model name: J, P, P, P, and P, hereinafter referred to as “the lease property 2”). On October 17, 2017, the Plaintiff concluded a facility financial lease agreement on the CNC Automatic Line (the manufacture: I: model name; hereinafter referred to as “the lease property 2”).

B. The Plaintiff concluded a fire insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) from July 20, 2017 to July 20, 2018 with respect to the instant place of business and the goods inside the said place of business (hereinafter “instant fire insurance contract”); the insured amount of KRW 360,000,000 (building 60,000, mechanical equipment 200,000,000, and facility 100,000,000,000); and the Plaintiff’s “K” as the insured (hereinafter “instant fire insurance contract”).

C. F’s insurance contract F entered into a “L contract” with Defendant C Co., Ltd. (hereinafter “Defendant C”) on the subject-matter 1 and 2 as the subject-matter of the instant lease (hereinafter “instant comprehensive movable insurance contract”).

The terms and conditions of the lease company's special terms and conditions of the above insurance contract are as follows:

1. (Compensation for Loss) A movable property, comprehensive insurance and general terms and conditions and any loss arising out of the subject-matter of insurance in accordance with this special terms and conditions;

3. (Purpose of Insurance) The lessee shall be either the policyholder or the insured, and the lessee shall be entitled to all of the movables leased under the lease contract;

5. The insurable value and the value of the subject-matter of the insurance shall be the following amount calculated on the basis of the stipulated loss stated in the lease agreement and this amount shall be the insured amount:

(1) Each year of a lease agreement - Provisions loss amount.