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(영문) 서울중앙지방법원 2015.04.03 2013가단5163815

구상금

Text

1. The Defendant’s KRW 34,841,375 as well as the Plaintiff’s annual rate from November 26, 2013 to April 3, 2015.

Reasons

1. Basic facts

A. On March 28, 2013, the Plaintiff entered into an insurance contract with the Chang Textiles Co., Ltd. (hereinafter “original Textiles”), which is engaged in textile manufacturing business, etc. at a factory located in Sinsi-dong 1698-4, and concluded a factory fire insurance contract with the insurance period from March 28, 2013 to March 28, 2014, as machinery, inventory assets, etc. located in the said building.

(hereinafter “instant insurance contract”). B.

On August 31, 2013, at around 18:56, the instant fire occurred in the Textiles-dong 1698-3, which was operated by the Defendant (hereinafter “the instant fire”) (hereinafter “the Defendant’s factory”). As a result, the Defendant’s factory was dissipatedd, and the heat and its sound, etc., which was adjacent to the Defendant’s factory was damaged.

C. (1) Payment of the insurance money (i) Payment of a creative fiber sustained a loss equivalent to KRW 92,581,800 due to the instant fire (i.e., the amount of mechanical damage amounting to KRW 53,704,400, total inventory assets amounting to KRW 38,877,400).

(2) On November 25, 2013, the Plaintiff paid the insurance proceeds of KRW 55,292,588 (i.e., the part of the mechanical damage amounting to KRW 25,449,744, the inventory assets amounting to KRW 29,842,844).

The New Textiles Co., Ltd. and the Insurance Products Co., Ltd. entered into a fire insurance contract with a machine located in a factory with a creative fiber plant. due to the instant fire, the fire Co., Ltd. received insurance amounting to KRW 21,208,120 for the parts of mechanical damage.

[Ground] Evidence Nos. 1 through 10, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. (1) The first witness was on the second floor of the Defendant’s factory for night duty units from 7:00 p.m. to the Defendant’s staff A’s investigation agency (Evidence A9).

There was a total of four persons on the second floor of the defendant factory, which is different from the first point of birth.