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(영문) 의정부지방법원 2014.10.07 2013가단157787

손해배상(기)

Text

1. The Defendant’s KRW 14,567,454 as well as 5% per annum from March 25, 2013 to October 7, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is a building of 360 square meters for Class II neighborhood living facilities (private teaching institutes) in the Seocheon-si, Macheon-si, which was newly constructed on September 2009 (hereinafter “instant building”).

(2) Around March 3, 2011, the Plaintiff, who is engaged in the textile processing business, etc. with the trade name of “D company,” leased approximately KRW 280 square meters of the instant building from the Defendant (hereinafter “instant factory”), and thereafter used the said building as a factory of “D company,” from that time.

3) The Defendant is the Defendant’s factory on the E-ground (hereinafter “Defendant’s factory”) located adjacent to the instant building.

A) The Plaintiff owned and operated a general gambling business, etc. with the trade name of “F Company.” Of the instant building, the remainder of the instant building, except the instant factory, was used as a dormitory for employees working in Defendant Factory (hereinafter “the instant building”).

(4) On March 25, 2011, the Plaintiff concluded a fire insurance contract (hereinafter “instant fire insurance contract”) with ELA M&D Co., Ltd. (hereinafter “ELD”) with the following content.

Insurance policy holders and the insured: The insured period from March 25, 201 to March 25, 2016: The subject matter of insurance: the factory of this case (insurance value of KRW 82,969,745, insurance amount of KRW 100,000: KRW 173,346,000, KRW 150,000, KRW 150,000, KRW 115,613,036, and KRW 30,000: the amount of insurance coverage): the fire in the subject matter of insurance.

B. On March 24, 2013, around 21:15, 2013, the occurrence of fire and the payment of insurance proceeds were caused by fire in the dormitory of this case, and then the fire was spreaded to the factory of this case. As such, the dormitory and factory of this case, and machinery, such as light watchers, automatic control devices, etc. in the factory of this case (hereinafter “this case”).