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(영문) 서울중앙지방법원 2014.08.08 2013가단5000488

구상금

Text

1. The Defendant’s KRW 213,695,953 among the Plaintiff and KRW 203,169,659 among the Plaintiff, shall be KRW 10,526,294 from August 18, 2012.

Reasons

1. Basic facts

A. On July 30, 2011, the Plaintiff concluded a factory fire insurance contract between the Plaintiff and the Nonparty Company B (hereinafter “Nonindicted Company 1”) and the Plaintiff (hereinafter “Nonindicted Company 2”) with the representative insured as Nonparty 1; the insurance period “from July 30, 2011 to July 40, 2012” with the cover period “from July 30, 201 to July 40, 2012”; and the factory fire insurance contract with the entirety of the buildings (factory operation), buildings (raw materials, finished products), movable goods (raw materials, finished products), etc. on October 29, 2011, the Plaintiff entered into an insurance contract with Nonparty 2 and the representative insured as Nonparty 2; the insurance period “from October 29, 2011 to October 29, 2012,” collectively, with the object of the insurance as movable goods and/or personal goods; the object of the insurance business; and the object of the insurance business as movable goods and/or personal goods.”

B. Nonparty 1, Nonparty 2, and Defendant’s location are as listed in attached Form 1. Nonparty 2 and Defendant’s building layout limit are as listed in attached Table 2. Defendant’s factory is placed in the direction of visibility based on the fixed door of office, Dong, factory B, Adong ( full-scale), waste loading place, and warehouse building.

C. On May 27, 2012, at around 22:33, a fire occurred in the Defendant’s factory Bdong (hereinafter “instant building”); Nonparty 1 and the Defendant’s factory were entirely discharged from the wind that became the Defendant’s factory; part of Nonparty 2’s signboards and walls, among the buildings of Nonparty 2, was destroyed by a small part of the signboards and walls board; and among the buildings of Nonparty 2, the water tank connected to the front wall, window-hos, roof materials, and boiler room of the office building of Nonparty 2, which was severely damaged by a water tank connected to the office building of Nonparty 2.

(hereinafter “instant fire”). D.

On August 17, 2012, the Plaintiff paid KRW 290,242,370 to Nonparty 1 and KRW 15,037,563 to Nonparty 2 on July 26, 2012, respectively.

[Grounds for Recognition] A. 1, 2, 3, and . A.