beta
(영문) 대전고등법원 2015.04.20 2014나11923

보험금

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff B is the owner of 51.22 square meters in a wooden bridge, bridge, and a single-story store on the land (hereinafter “the instant damaged building”). The Plaintiff was a person who leased the instant damaged building from the Plaintiff B on April 19, 201 and carried out beauty rooms in the name of “F”.

B. Defendant D is the owner of a single-story building (hereinafter “instant building”) which is one-story building with a 245 square meters wide and a single-story commercial building located on its ground in Seosan-si, G, and a single-story building (hereinafter “instant commercial building”) indicated in the attached drawing on the above ground as “the roads attached to a bank 1, toilet 1, the floors attached to a kitchen, the floors adjacent to a bank 1, a bank 1, and the main room, a bank 2 through 5, a corridor and a entrance.”

On the other hand, building details are limited to “94 square meters of a business office of a wooden boom roof” in the register on a building on the above land.

C. On October 10, 2006, Defendant C leased the instant commercial building and housing building from Defendant D in KRW 10,000,000, monthly rent of KRW 1,200,000, and the instant commercial building in KRW 1,200,00. “On the instant commercial building, Defendant C engaged in a new sales business with mutual name.” The instant building used the instant building as a temporarily residential site and was moved to another place, and was unclaimed, but the part of the attached drawings connected with the entrance of the said commercial building was used as a new warehouse.

On September 22, 2011, Defendant Samsung Fire concluded an insurance contract with Defendant C with the following content:

(이하 ‘제1 보험계약’이라 한다). 상품명 : 무배당 삼성화재 재물보험 탄탄대로 계약일 : 2011. 9. 22. 보험계약자 및 피보험자 : 피고 C 보험기간 : 2011. 9. 22.부터 2014. 9. 22.까지 보험목적물 : 논산시 G에 있는 H - 목적물업종 : 소형판매시설(슈퍼마켓, 일용품등의소매점등), 건물구조 : 목조 판넬즙 블록외벽, 건물구조급수 : 4급, 가입면적 : 96㎡, 층수 : 1층, 수용장소 : 증권상 표기된 피보험자 건물 내...