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(영문) 창원지방법원 2017.02.17 2014가단88591

구상금

Text

1. The Defendant’s KRW 404,465,217 as well as the Plaintiff’s annual rate from January 29, 2014 to January 8, 2015.

Reasons

In fact, the plaintiff is a corporation that runs non-life insurance business, etc., the defendant is a corporation that runs interim waste disposal business, etc., and the defendant joining the defendant is a social welfare corporation for the establishment and operation

The defendant and the defendant joining the defendant are a subordinate organization of the Order of the Circuit, and the defendant joining the defendant is a shareholder holding 100% of the defendant's shares.

On April 1, 2012, the Defendant entered into a lease agreement with the Defendant’s Intervenor on April 1, 2012, with a view to: (a) the Defendant entered into a contract with the Defendant’s Intervenor on the lease of KRW 12 million (not including value-added tax and lease deposit) monthly rent of KRW 12 million (not including value-added tax) from April 1, 2012 to March 31, 2016 (hereinafter “instant lease agreement”); (b) the Defendant entered into a lease agreement with the Defendant’s Intervenor, namely, “each building A, Dong-dong, Dong-dong, and Dong-dong,” referring to the respective building building A, Dong-dong, Dong-dong, respectively; and (c) the lease agreement from April 1, 2012 to March 31, 2016.

Article 12 of the instant lease agreement provides that “The Intervenor joining the Defendant shall subscribe to the fire insurance, but limited to the building and machinery, and the Defendant shall pay the fire insurance premium by including it in monthly rent.”

On February 7, 2013, the Intervenor entered into an insurance contract with the Plaintiff. On each of the instant buildings owned by the Intervenor joining the Defendant, and all of the waste recycling machinery equipment owned by the Defendant in the Adong warehouse (hereinafter “instant machinery”), the total insurance coverage amount was KRW 1,760,00,000 (each insurance coverage amount is KRW 640,000, B, and KRW 400,000,000, each of the instant machinery; KRW 720,000,000, insurance premium was KRW 32,878,000, and the insured amount was KRW 32,878,00,00, and the insurance coverage period was from February 16, 2013 to February 16, 16:00, and from February 8, 2014 (hereinafter “instant insurance contract”).

On May 28, 2013, the occurrence of a fire accident and the receipt of insurance money, each of the instant cases possessed by the Defendant and used as a factory.