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(영문) 서울중앙지방법원 2019.10.02 2019나11912

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. From June 14, 2011, the Defendant: (a) leased part of the 1st floor of the building located in Yeongdeungpo-gu, Suwon-si; (b) and operated a warning point in the name of “D”; and (c) from around the nearest day of the said building, the Defendant operated the word “G” with the trade name of “G” by leasing part of the 1st and 2nd floor of other neighborhood living facilities (F in Yeongdeungpo-gu, Suwon-si, and hereinafter “instant building”).

B. The Plaintiff, an insurer, entered into a fire damage insurance contract between E and E with respect to the goods and semi-finished goods in the said “G” store, with the insurance amount of KRW 100,000,000, and with respect to the insurance period from June 23, 2014 to June 23, 2021 (hereinafter “instant insurance contract”).

C. The lower part of the instant building was installed on the wall surface of the instant building with a size of 24.6 square meters (8.2 meters in a street, 3 meters in vertical length) composed of a sandd position panel (hereinafter “instant provisional building”). D. The instant building was installed adjacent to the outer wall of the instant building.

On February 13, 2018, at around 15:00, a fire (hereinafter “the instant fire”) occurred inside the instant building, and the instant building was laid down, and part of the exterior wall and roof of the instant building were destroyed, and some of the products inside the said “G” stores were flooded in the course of fire-fighting by fire officers.

(hereinafter “the flood accident of this case”). (e) The flood accident of this case

On April 27, 2018, the Plaintiff paid insurance proceeds of KRW 2,328,940 to E due to the flood accident in this case.

F. Although the Defendant did not rent the building of this case, upon the consent of the owner of the building of this case, the Defendant used the building of this case for a warehouse by storing public relations standing signboards and other office fixtures, etc. in the building of this case at the time of the fire of this case. The Defendant installed electric rail stamps and set up a cooking inside the building for about two years.

In addition, at the time of the instant fire, water purifiers, air conditioners, fire extinguishers, etc. were installed inside the instant building.

(g)in this regard;