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(영문) 서울중앙지방법원 2015.07.08 2014가합16994

공탁금출급 청구권확인

Text

1. Mtsts Fire and Marine Insurance Co., Ltd. deposited by this Court No. 18745 on September 20, 2012, KRW 192,941,319.

Reasons

1. 인정사실 보험종류 : 무배당성공파트너보험1004 보험기간 : 2010. 4. 9. ~ 2015. 4. 9. 소 재 지 : 경산시 K 보험목적물 - 건 물 : 철골조 샌드위치판넬즙 단층 1개동 728평, 가입금액 1억 원 - 기 계 : 기계류 일체, 가입금액 1억 원 - 재고자산 : 재고자산 일체(완제품, 원자재), 가입금액 1억 원

A. On April 9, 2010, A entered into a fire insurance contract (hereinafter “instant insurance contract”) with the “L” factory building located in G in G in Busan Metropolitan City (hereinafter “L”) that it operates between the MHz fire and marine insurance, setting the machinery and inventory assets in the factory as the subject matter of insurance and setting the following as the subject matter of insurance:

B. On April 9, 2011, a fire (hereinafter “the fire of this case”) occurred in the factory of this case, and machinery and inventory assets located in the factory of this case were destroyed. The details of losses incurred due to the fire of this case and the amount of insurance proceeds of each insurance contract A purchased prior to the occurrence of the fire of this case are as follows.

(2) In the case of Samsung Fire Fire and Marine Insurance Co., Ltd., the insurance company's total insurance amount of damages remaining as the insured value of the subject-matter of insurance 20,000,000 872,323,350,724,342, 260 79,435,000 64,907,260 14,785,968 Mzz marine insurance 100,000 92,412,300,300, 2307, 230,751 Samsung Fire and Marine Insurance Co., Ltd., Ltd., the insurance company's total insurance amount of damages 20,000,000,000,60,000,000,60,0030,000,000,0027,427,501,506361,2639,50636,2705

C. The Mez fire and marine insurance pays insurance money of KRW 92,412,300 to M who is the owner of the instant factory building. On the other hand, the ownership relationship of the machinery and inventory asset destroyed by the instant fire is unclear, and it is obvious that the ownership relationship of the machinery and inventory asset destroyed by the instant fire is covered by A.