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(영문) 서울중앙지방법원 2018.05.02 2016가단5049668

구상금

Text

1. The Defendant’s KRW 21,061,403 as well as the Plaintiff’s annual rate from November 5, 2015 to May 2, 2018, and the following.

Reasons

Basic Facts

On August 11, 2015, in the Yangcheon-gu Seoul Metropolitan Government B Apartment 111 Complex (hereinafter “instant apartment”) 1108 Dong 101 (hereinafter “the instant apartment”), a fire occurred on the wind that the owner of the instant chemical household is a gas park, and a fire breaks out on the wind of the instant chemical household, which is the owner of the instant chemical household, without setting a coffee electronic system, and then causes a fire that damages the instant chemical household and its household, part of the section for common use of the instant apartment 1108 unit and other households (hereinafter “damage household”) (hereinafter “the instant accident”).

At the time of the instant accident, C’s mother was residing in the instant birth household, and C was residing in the same 1303 unit.

The Plaintiff entered into a housing fire insurance contract with the council of occupants’ representatives of the instant apartment (19 Dong/1,515 households), the instant apartment building (19 Dong/1,515 households), the attached facilities, and the household building (hereinafter “instant fire insurance contract”) with the insurance period from May 19, 2015 to May 19, 2016.

In the instant fire insurance contract, the insured did not separately specify the type of the insured, and the term “owner for insurance purposes” in the insurance policy states “B apartment 11 complex occupant representative,” and the scope of damages covered by the terms and conditions is “direct damage, fire-fighting damage, and escape damage”.

On September 23, 2015 and November 4, 2015, according to the instant fire insurance, the Plaintiff paid KRW 60,488,616 (i.e., totaling KRW 26,468,396 (i.e., total damage of a building) (i., total damage of KRW 34,020,220), and KRW 28,787,898, out of which the instant fire insurance was paid to C as insurance money for the building and the household of the instant household, and KRW 5,83,618 was paid to the council of occupants’ representatives as insurance money for the damage to common areas.

The defendant set the insurance period from June 12, 2007 to June 12, 202 between D and wife C on June 12, 2007.