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(영문) 전주지방법원남원지원 2020.01.22 2019가단10409

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2018, the Plaintiff entered into a lease agreement with the owner E of the instant building D ground in the name of his/her spouse C (hereinafter “instant building”) in the name of his/her spouse, and to lease the instant building from E.

From September 3, 2018, the Plaintiff operated the restaurant business in the name of “F” in the instant building in the name of “F”.

B. On June 14, 2018, the Plaintiff entered into an insurance contract with the Defendant and the insurance coverage period from June 14, 2018 to June 14, 2023, with respect to the instant building, KRW 200 million as to the subject matter of insurance and the amount of insurance coverage, and KRW 30 million as to the interior facilities, etc. (internal facilities, office fixtures, machinery, movable property, etc.) of the instant building (hereinafter “G” to compensate for damage (direct damage caused by fire, fire, fire-fighting, and escape damage) caused by fire in the subject matter of insurance (hereinafter “instant insurance contract”). The Plaintiff entered into a contract with the owner of the instant facility with the content that KRW 50 million for the insured’s insurance coverage amount to KRW 50 million to compensate for damage suffered by the injury of others or by causing legal loss to others’ property due to an unexpected accident arising from the use of the said facilities and its loss.

According to the insurance policy of the instant insurance contract, the insured of the instant insurance contract was not designated, and the securities were the “owner” column of the instant building.

According to the terms and conditions of the instant insurance contract, the term “insured” of the instant insurance contract is defined as “a person who suffered loss due to an insurance accident, i.e., a person who has insurable interest.”

C. On January 10, 2019, a fire occurred due to electrical factors and exhaustration of the instant building, and damage caused by fire or damage caused by noise in the instant building and facilities, machinery, movable property, etc. located inside the instant building or the instant building.