beta
(영문) 서울중앙지방법원 2018.03.28 2017가단5057710

구상금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 36,636,00 and 5% per annum from August 12, 2016 to March 28, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a corporation C (hereinafter “insured”)

) A factory building located in Ansan-si, a member D (hereinafter referred to as “instant factory building”).

As to the insurance period, the insurance company entered into a factory fire insurance contract with the purchase amount of 33,00,000 won from July 16, 2015 to July 16, 2016. 2) The insured is a company engaged in the manufacturing business of the main mold from the factory building of this case. On December 10, 2015, the company was transferred to the same Gu E, and three removals were requested to sell the factory of this case after the director to the Defendant, who was installed inside the factory of this case.

Defendant B, as a worker who was removed from one-time position, had the Defendant removed the list by Defendant A.

B. (1) On December 11, 2015, Defendant B: (a) used an oxygen cutting machine from the factory building of the instant case; (b) retired after completion of the work around 16:30. However, due to high heat that occurred during the process of removal, the wall was cut off and the fire occurred (hereinafter “instant fire”).

(2) At around 17:30, G, a neighboring factory (F) employee, reported to 119 that the instant factory building gushes abs down with the fire length.

3) On February 19, 2016, Defendant B was suspended from prosecution at the Suwon District Prosecutors’ Office for the crime of occupational negligence. C. The Plaintiff paid KRW 52,37,156 to the insured on August 11, 2016, following an assessment of the damage incurred to the instant factory building due to the instant fire. The Plaintiff paid KRW 52,337,156 to the insured on August 11, 2016 = 9,269,269,249 (amount of damage) = KRW 33,00,60 (amount of insurance coverage) 】 KRW 331,60,09,785 (amount of insurance coverage) [based on recognition] Defendant 1: The fact that there is no dispute under Article 208(3)3 of the Civil Procedure Act; the purport of the entire pleadings and arguments.