[구상금][미간행]
Twin Fire and Marine Insurance Co., Ltd. (Attorneys Han Han-soo et al., Counsel for the plaintiff-appellant)
Green Fire Insurance Co., Ltd. (Attorneys Park Sung-won et al., Counsel for the plaintiff-appellant)
September 6, 2005
Seoul Central District Court Decision 2003Gadan218995 Delivered on December 24, 2004
1. The plaintiff's appeal against the defendant Green Fire and Marine Insurance Co., Ltd. is all dismissed.
2. The costs of appeal shall be borne by the plaintiff.
The judgment of the court of first instance is revoked. The defendant Green Fire and Marine Insurance Co., Ltd. shall pay 59,641,480 won to co-defendant Samsung Fire and Marine Insurance Co., Ltd and each of the plaintiff, 5% per annum from December 12, 2001 to the delivery date of the copy of the complaint of this case, 20% per annum from the next day to the date of complete payment, and 5% per annum from December 8, 2001 to the delivery date of the copy of the complaint of this case, and 20% per annum from the next day to the date of complete payment.
The reasoning of the court's reasoning for this case is as follows: (a) in the judgment of the court of first instance, the "establishment of a boiler and boiler" in the 4th and 16th in the judgment of the court of first instance, the "establishment of a boiler" in the 29th and the "Removal of an existing LPG boiler", the "disposition" in the 20th and the "insurer" in the 9th and the "insurer" in the 6th and the "insured" in the 9th and the 6th are the same as the grounds for the judgment of the court of first instance, and thus, they are cited in accordance with Article 420 of the Civil Procedure Act.
Therefore, the plaintiff's primary and conjunctive claims against the defendant's green fire are all dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all of the plaintiff's appeal is dismissed. It is so decided as per Disposition.
Judges Clerks (Presiding Judge)