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(영문) 서울중앙지방법원 2020.07.16 2019가단5102072

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company running the insurance business. On February 22, 2011, the Plaintiff is a company running the insurance business. On the part of Nonparty C, the insured on February 22, 201, the insurance object is C, and the steel framed sandbox board, the size of which is about 80 square meters in size D located in the Gyeonggi-do, the Plaintiff’s possession of the subject matter of insurance, is the Edong Factory Establishment

) Accordingly, the insured amount of KRW 80,000,000 and the insurance period of KRW 5 years from the date of the contract were concluded with an insurance contract under the name of “F” that compensates for the amount of KRW 300,000,000 per fire-fighting damage liability as a special contract (hereinafter “instant insurance contract”).

2) The Defendant is a merchant engaged in the sti-rop pumps processing business under the trade name of G.

B. On January 17, 2011, the instant lease agreement C leased the instant factory building to the Defendant as KRW 15,000,000, monthly rent of KRW 1,400,000, and the Defendant leased the instant factory building to the Defendant according to the condition of factory facilities where the electricity of 50kw is supplied.

C. On September 10, 2012, around 05:00, the instant fire occurred due to the occurrence of a fire presumed to have been fire that the location of which was presumed to have been fireed, as the melter by electrical heat was identified on the container in the instant factory leased and used by the Defendant.

On November 20, 2012, the Plaintiff calculated the amount of damages for the part of the building caused by the instant fire, as KRW 61,818,707, and paid KRW 32,726,609, which was deducted from the amount of damages for the part of the building caused by the instant fire, by deeming that 29,092,098 won is the part to be borne by other insurers, as the insurance money under the instant insurance contract.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including evidence with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s ground of claim 1) The fire of this case occurred by the electrical factors in accordance with the volume of fluorgs and contact flusium inside the factory of this case, which the Defendant possessed by the Defendant.