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(영문) 서울중앙지방법원 2020.03.25 2018가단5117312

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

From June 14, 2011, the Defendant: (a) leased part of the 1st floor of the building located in Young-gu, Suwon-si; and (b) operated a beauty room with the trade name of “D”; (c) around September 2016, E operated a beauty room with the trade name of “G” (hereinafter “instant building”); and (d) H is the owner of the said two neighborhood living facilities buildings.

The Plaintiff, an insurer, entered into each of the insurance contracts listed in the separate insurance list (hereinafter “each of the instant insurance contracts”) with E and H.

On the rear side of the instant building, a single-story container building (hereinafter “the instant provisional building”) with a size of 24.6 square meters (8.2 meters aro o, 3 meters a vertical length) composed of the sandd position panel was installed adjacent to the outer wall of the instant building.

On February 13, 2018, at around 15:00, a fire (hereinafter “the instant fire”) occurred inside the instant building, and the instant provisional building was dissolved, and part of the exterior wall and roof of the instant building were destroyed, and the damage was caused to the cosmetic’s business place located on the second floor of the instant building.

(hereinafter referred to as “instant accident.” Damage resulting from the instant accident is (i) KRW 124,912,066 in connection with E, KRW 14,742,842 in total, KRW 10,195,00 in movable property, KRW 149,850,00 in total, and KRW 58,375,057 in relation to H.

The Plaintiff, as an insurer of each of the instant insurance contracts, paid KRW 119,742,842 on May 10, 2018 to the insured E (i.e., KRW 14,742,842 as movable property of KRW 14,742,842, and KRW 5,000 as movable property of KRW 58,375,057 on May 4, 2018, recovered KRW 13,918,828 from the insured H, and paid KRW 44,456,229 (= KRW 58,375,057 - KRW 13,918,828) to the insured H among the damages suffered by the insured H.

The defendant is a building of this case.