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(영문) 서울중앙지방법원 2015.06.11 2014가단5071326

구상금

Text

1. The Plaintiff:

(a) Defendant A: 43,006,106 won;

B. The above case is jointly with the defendant A.

(1) Defendants B, C, D. among the money stated in the subsection.

Reasons

1. Basic facts

A. On October 30, 2007, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with N who operates a non-ferrous metal processing plant under the trade name “M” in Bupyeong-gu Incheon Metropolitan Government L (hereinafter “instant factory”) as follows.

- Insurance types: non-dividend-free dividend forecast insurance - Policyholders and insured: M located in Bupyeong-gu Incheon Metropolitan City L: From October 30, 2007 to October 30, 2014 - Amount of insurance coverage: 100,000,000 won - Subject matter of insurance and the amount of insurance coverage - Building (132 square meters out of 134 square meters from among 1st 1st 264 square meters of brick and 264 square meters): 30,000,000 - All machines: 10,000,000 won - Movables: 60,000,000 won;

B. Defendant A operated a factory to cut and process metal parts with the trade name “ Q” from the Bupyeong-gu Incheon Bupyeong-gu P in the name ofO.

C. A fire in Q from March 25, 201 (hereinafter “instant fire”) occurred, around 13:11, 201, Q factory was relocated, and machinery and movable property inside the instant factory, which was next to the instant building, was destroyed or damaged.

(hereinafter “instant accident”). D.

In light of the fact that the first fire was observed in the 2nd mechanical entrance in Q factory, the Q factory tent is a wood board, and the electric wires are connected inside the ceiling, and the electric wires and cross-line electric wires are confirmed inside the ceiling of the above witness points, etc., the Incheon Bupyeong Police Station and Incheon Bupyeong Fire Station presumed the cause of the instant fire to be the joint line due to electrical factors.

E. On June 28, 2011, the Plaintiff paid N KRW 43,006,106 with the insurance proceeds within the scope of the insurance coverage amount under the instant insurance contract ( KRW 35,161,636 as movable property damage of KRW 8,94,470, and KRW 1,100,000 as the remainder).

F. As the O (hereinafter “the deceased”) died on September 12, 201, Defendant B, C, D, E, F, G, H, and I respective shares of 1/9, Defendant J, and K respective shares of 1/18.