beta
(영문) 서울고등법원 2019.11.27 2018나2074830

보험금

Text

1. The judgment of the first instance court, including the modification of the claim in this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff, a company operating food miscellaneous sales business, etc., leased the part of the first floor (the actual area is approximately KRW 192.75 square meters, unlike the entry in the public injury) among the third floor of the Class II neighborhood living facilities, 75.15 square meters, 192.75 square meters, and 30.78 square meters (hereinafter “instant building”) on the third floor of the king-si D-si D-si Do Office of the general steel structure, which was owned by C, used as the office and the food storage materials.

B. After that, the Plaintiff was merged on January 26, 2018 with the previous 550 square meters of land of 1,692 square meters located on the right side of the main building of this case, the Plaintiff was merged on the part of the spouse of the C and the previous king-si, the king-si, the 550 square meters of land located on the right side of the main building of this case.

On the ground, a plastic pipe installed a plastic pipe (hereinafter referred to as “instant provisional building”) and used it as an outdoor material warehouse of the Plaintiff.

The shape of the instant building (the part indicated as the “subject matter” on the right side below is located on the D’s ground), the household building (which is located on the ground of the K-si, king in the part indicated as the “explosive site of the workplace” below) and the land where the said building is located is located on the ground of the lower left side. The shape of the land is as follows: (a) the cadastral map on the cadastral map and the on-site placement map on the right side (which is included in the on-site inspection report prepared by M Co., Ltd. (No. 7) after the occurrence of the instant fire accident).

D K

C. On March 9, 2017, the Plaintiff entered into an insurance contract with the Defendant (see evidence 1, e.g., the policyholder and the beneficiary are the Plaintiff; hereinafter “instant insurance contract”) with the following content.

I A A A

D. On January 1, 2018, in the instant building, a fire occurred in the instant building, and food materials inside the said building were removed. The first floor of the instant building and food materials inside the said building were damaged.

(hereinafter “the instant fire accident”). E.

On the other hand, the plaintiff's representative is the spouse.