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(영문) 서울중앙지방법원 2017.09.14 2016나74080

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On October 8, 2007, A and B entered in the separate sheet, completed the registration of ownership transfer with respect to each of 1/2 shares of the buildings listed in the separate sheet (hereinafter “instant real estate”). B agreed to each of the instant real estate, which is part of 270 square meters of a single-story factory and 242 square meters of a single-story factory, and A agreed to each of the sectional ownership.

(B) The former operates a factory with the trade name of “D” in operation, and A operates a single-story factory with the trade name of “E” in the latter part, and A operates a factory with the trade name of “E” in the Nadong.

B. (1) On January 28, 2011, the Plaintiff concluded a fire insurance contract with respect to the building B and operated, setting the insurance coverage amount from January 28, 201 to January 28, 2021, as the insured amount of KRW 86,00,000, and the insured B.

(2) On August 16, 2013, the K non-life insurance Co., Ltd. (hereinafter “K non-life insurance”) concluded a fire insurance contract with the insured as B with respect to the building B and its operation from August 16, 2013 to August 16, 2018.

(3) On October 15, 2014, the Defendant concluded a fire insurance contract with A and the subject matter of the insurance (hereinafter “Defendant insurance contract”) on the following grounds: (a) the building and its accessory facilities [refinite concrete / iron slate / steel scrap / steel reinforced concrete / [finite 512 square meters of underground floor 1st floor] (a factory/Dong, Nadong), the insurance period from October 26, 2014 to October 26, 2015; (b) the insurance amount of KRW 165,00,000, the insured amount of KRW 165,000,000; and (c) the fire insurance contract with the insured.

On the other hand, A created a pledge on the right to claim insurance money to the Korean Bank (hereinafter “Korea Bank”).

C. On February 11, 2015, around 15:40 on February 11, 2015, fire and the payment of insurance proceeds (1) fire on the left side of the entrance of the building in operation occurred, and the fire on the inflammable was removed, and the building, machinery, etc. in operation was removed.

(2) The Plaintiff.