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(영문) 서울중앙지방법원 2013.05.24 2012가단5032693

구상금

Text

1. The Defendants: (a) KRW 13,119,32 for each Plaintiff; and (b) KRW 5% per annum from January 19, 2012 to May 24, 2013 for each Plaintiff.

Reasons

1. Basic facts

A. B and C are owners of the above-ground commercial buildings located in the wife population D (hereinafter “the above-mentioned commercial buildings”).

B. Defendant A operated a restaurant with the trade name of “E” (hereinafter “E”) among the instant commercial buildings, and the F operated the coffee shop in the trade name of “G” by leasing a part of the instant commercial buildings, and H operated a coffee shop (hereinafter “G”) with the mutual convenience store of “I” by leasing a part of the instant commercial buildings. The J operated a restaurant with the trade name of “K” by leasing a part of the instant commercial buildings.

(The location of the above stores shall be as shown in the annexed drawing).

F entered into a fire insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff, which covers all of the instant coffee shop, facilities, etc. as the subject of insurance: the type of “insurance: non-distribution merz insurance M-Srore11, and the insured: F (However, for the instant coffee shop, the owner B and C is the insured): from November 29, 2010 to November 29, 2013; and the amount of insurance coverage: 67 million won.”

Defendant A entered into a liability insurance contract with Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) for the purpose of the owner’s liability for damages, lessee’s liability for damages, etc. with respect to the instant restaurant: The type of insurance business: Samsung Fire and Property Property Insurance New Business, the Insured: Defendant A and the insurance period: from September 16, 2010 to September 16, 2013; the insurance amount: 950,000 won (hereinafter “instant liability insurance contract”); and the relevant terms and conditions are as follows.

[Special Terms and Conditions of Liability for Damages of Facility Owner] Article 1 (Compensation) Company shall own, use, or manage the insured (person insured) during the insurance period.