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(영문) 서울고등법원 2017.11.10 2017나2032396

구상금

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Defendant is a party’s position 1) From August 2009 to April 2014, 2014, 394.12 square meters (hereinafter “instant building”) of the Magsung-gun B, Magsung-gun, Mandong (hereinafter “Seoul-gun Building”).

A) Of the instant building from C, the owner of the instant building, approximately 84.75 square meters (hereinafter “leaseed building”).

2) The term “D Council member” (hereinafter referred to as “instant Council member”) is mutually named as “D Council member.”

(2) From May 8, 2013 to March 8, 2017, F is a person who operated a entertainment business. From around May 2013, F is operating a entertainment business under the trade name of “G dan” and the remainder of the building is occupied by C, the owner of which, directly, operating a restaurant. 2) The Plaintiff entered into an insurance contract with C with “this case’s building (insurance value of KRW 120,000), restaurant facilities operated by C, and entertainment equipment and house fixtures (insurance value of KRW 50,00,000) operated by C, with the insurance period of “from March 8, 2012 to March 8, 2017, the insurance period of the instant building” (hereinafter “insurance contract”). The Plaintiff entered into an insurance contract between F and F and the owner of Samsung’s goods insurance (hereinafter “T 30,000,000 won”). The insurance contract between 30,000 won and 30,000 won insurance premium (hereinafter “this case’s insurance contract”).

B. A fire in the instant building on April 26, 2014 (hereinafter “instant fire”) around 04:00, around April 26, 2014

(2) According to the results of the investigation by the competent fire station and the police station, part of the building of this case, C, F, and stores operated by the Defendant were destroyed and lost. (2) According to the results of the investigation by the competent fire station and the police station, the fire of this case is the next floor of the live factoring unit (the live factoring unit for medical treatment; hereinafter referred to as the “live factoring unit of this case”).