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(영문) 부산지방법원 2018.11.22 2017가합52258

구상금

Text

1. The Defendant’s KRW 95,700,176 for the Plaintiff and KRW 5% per annum from July 15, 2017 to November 22, 2018.

Reasons

1. Basic facts

A. On May 26, 2014, the Plaintiff: (a) between B and B, on May 26, 2014, the Plaintiff is a manufacturing factory of the automobile parts of the steel frame and the 499.11mm2 (hereinafter “instant D factory”).

3) As to the fire insurance contract (hereinafter “instant insurance contract”) with the following content:

)을 체결하였다. 보험종목 : 무배당성공파트너재산종합보험 기본플랜 증권번호 : E 보험계약자 : B 피보험자 : B 소재지 : 경북 칠곡군 C 보험기간 : 2014. 5. 26. ~ 2024. 5. 26. 보험목적물/ 보험가입금액 : 건물 210,000,000원, 기계 100,000,000원, 상품 10,000,000원, 집기비품 5,000,000원 2) 피고는 ‘F’이라는 상호로 경북 칠곡군 G 지상 철골조 판넬즙 단층 건물 493.35㎡(이하 ‘이 사건 피고공장’이라 한다)을 소유 및 점유하면서 포장용 상자 제조업체를 운영하는 자이다.

B. A fire at the Defendant plant of this case (hereinafter “instant fire”) around May 22, 2017, around 21:29, as to the occurrence of the instant fire and the damage therefrom.

The occurrence of the instant fire occurred. As a result, the instant D factory adjacent to the instant Defendant factory and the instant Defendant factory was relocated. Damage incurred to B due to the instant fire is KRW 458,59,647,00, including the sum of KRW 248,385,731, machinery 138,273,171, goods 64,935,280, and KRW 7,05,465, and the aggregate of KRW 7,05,05, and KRW 458,59,647.2) As to the cause of the instant fire, the National Scientific Research and Research Institute set the results of appraisal that the instant fire occurred from a multielectric cable line installed on the concrete floor of the front wall part of the building adjacent to the instant Defendant factory, which is located on the floor of the instant concrete wall.

C. The Plaintiff’s fire insurance payment is against B on June 8, 2017.