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(영문) 서울중앙지방법원 2017.04.18 2015가단5308834

구상금

Text

1. The Defendants jointly share KRW 78,753,748 with respect to the Plaintiff and the period from January 28, 2015 to April 18, 2017.

Reasons

(b) the facts of the basis;

A. C completed the registration of ownership transfer with respect to reinforced concrete building No. 1 of the Do apartment No. 1 of the Damsan-si, Dasan-si.

B. At around March 1995, E leased the said Schlage to C, and operated the supermarket and the stores in the trade name of “Fromarket.”

C. On August 29, 2014, E concluded an insurance contract with the Plaintiff with a view to securing damages to buildings, facilities, etc. due to fire, as follows:

(hereinafter referred to as the "insurance contract of this case") * Insurance types: Fire insurance * Insurance number: G * Insured: E * Insurance policyholder: E, C* Insurance purpose (water): The location of the instant building 1 (E's FSmarket) (E) * B B: August 29, 2014 and August 29, 2015 (1 year): Fire (hereinafter referred to as extract from the part related to this case): 250,000,000 - Fire (fire) - 50,000 won: 80,000,000 - Fire (movable property): 25,005,000,000 - Fire (fire)

D. The Defendants, among the instant buildings, have operated the Defendant B’s underground floor No. 15 (use of sales facility of 16.32 square meters) in the name of “H” with the trade name of “H” (hereinafter “Defendant’s workplace”).

On March 22, 2014, at around 22:19, there was a fire presumed to be combined by electrical heat from the electric wires installed in the upper part of the Defendants' workplace, which were set up in the upper part of the lower part of the Defendants' workplace.

F. As a result, the Defendants’ business place almost were burnedd to the FSmarket located in the underground floor such as the same building, and the FSmarket’s business place area (the underground floor No. 1 part) and the facilities and fixtures, fixtures, movables, etc. which were expropriated and kept within the said scope were destroyed and damaged by losses or damage caused to them.

(g) The Plaintiff filed a claim for the instant fire with the Sille Adjustment Co., Ltd., and the Plaintiff suffered E and C from the instant fire.