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(영문) 서울중앙지방법원 2016.04.22 2013가단5148465

구상금

Text

1. The Defendants jointly share KRW 27,782,960 with respect to the Plaintiff and 5% per annum from January 7, 2013 to April 22, 2016.

Reasons

1. Facts of recognition;

(a) The relationship between the parties 1) Defendant A Co., Ltd. (hereinafter referred to as “A”);

2) The building of this case is the building of 5 stories on the ground B in Busan-gu, Busan-gu.

As the owner of the instant building, the first floor, the second floor, and the fifth floor of the instant building were used as a new storage and office, etc. On June 22, 2012, Defendant A entered into a new manufacturing business agreement with the Defendant Non-Life Insurance Co., Ltd. (formerly changed Non-Life Insurance Co., Ltd.) under which the purchase amount of fire-fighting liability insurance was KRW 300 million, and the insurance period was from June 22, 2012 to June 22, 2017. (2) Defendant A engaged in a new manufacturing business using the third floor and the fourth floor of the instant building as “D”.

C On May 21, 2012, the Plaintiff and the amount of insurance coverage entered into a “general insurance contract, regardless of whether it is a non-dividend,” as set out below.

1. 3rd floor of the building and the amount of insurance coverage for the structure of the object (won), 4 - 2 machinery and equipment (within the fourth floor) of Grade 1 50,000,000 - 3 inventory assets of Grade 1 50,000,000 - 3 inventory assets of Grade 3 4 - 1 200,000,000 - 300,000 won for Grade 1 2,00,000

B. (1) On August 1, 2012, around 16:00, the instant fire occurred, all of the machinery, tools, materials, etc. on the third floor and the fourth floor of the instant building that C had been used due to the occurrence of fire in the instant building (hereinafter “instant fire”).

2) The following conclusions have been reached as a result of the fire site investigation in the North Korean fire station in Busan Metropolitan City.

o fire causes: The instant building was ignitedd from the storage of finished products as a factory manufacturing safety, and strong wind flows through windows, such as finished products inside the sand position panel structure building, which had been scattered, and which had been laid down, which led to the collapse of the building of the steel structure sand position panel.

The correct point of birth is due to the collapse of the fire building and the combustion of the long time.