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(영문) 서울중앙지방법원 2014.12.04 2013가단5145770

구상금

Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd. 199,559,670 won and double KRW 50,000,000, Defendant A Co., Ltd., from October 25, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into an indemnity insurance contract with C (hereinafter “C”) that covers the insurance period from March 2, 2012 to March 2, 2017 with respect to the three-story factory buildings of reinforced concrete 6, Dong-dong (hereinafter “instant factory building”), machinery, and movable property within the scope of the insurance amount of KRW 450,000,000, machinery, KRW 701,000,000, KRW 10,000, KRW 10,000, and KRW 10,000,000, in respect of a fire accident, etc.

(hereinafter “instant first insurance contract”). B.

Defendant B, around August 6, 2013, leased the lease deposit amount of KRW 10,00,000, and the period of two years from C, operated the Defendant A Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”) on the third floor of the instant factory building (hereinafter “instant lease agreement”).

(hereinafter referred to as "A occupied part" among the three floors of the factory building of this case, and the remaining three floors are "C occupied part".

On the other hand, the Defendant Company concluded a fire insurance contract between Samsung Fire and Samsung Fire with the insurance period from August 22, 2013 to August 22, 2014 with the insurance object as the occupied part A, machinery, and movable property.

(hereinafter referred to as “instant second insurance contract”) D.

On August 31, 2013, at around 04:27, a fire was caused by an unexpected and unexpected fire presumed to be an excessive heat of the machinery installed in A occupied part, and the building and its internal machinery was destroyed by fire.

(hereinafter “instant fire”). E.

The Plaintiff determined the amount of insurance money paid to C out of the amount of damages of the instant fire as follows.

① Of the damages of the building in the occupied part A, the damages of KRW 13,962,820 out of KRW 40,303,225 shall be deemed as “one damage.”

This part is the first insurance contract and the second insurance contract of this case.