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(영문) 서울중앙지방법원 2019.01.30 2017가단5006064

구상금

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The relationship 1) Parties D Co., Ltd. (hereinafter “Nonindicted Company”)

(3) The Plaintiff leased a 157.45 square meters of a single-story building in Namyang-si, Namyang-si, E and F, and used it as a warehouse (hereinafter the above building is referred to as “instant warehouse”).

3) The Defendant and the Intervenor joining the Plaintiff (hereinafter referred to as the “ Intervenor”).

(2) The Plaintiff leased one part of the part, which is divided into double walls in the middle of 388m2 in the building located in the F, Nam-si, Namyang-si, Seoul, which is adjacent to the instant warehouse, and the Defendant operated the household factory in the name of H along with G, which is the wife, and the Intervenor operated the plastic product factory in the name of J along with I, which is the husband (hereinafter referred to as “H”), and the part of the Defendant’s possession in the instant building is the part of the Intervenor’s possession.

) Both the warehouse and H and J buildings of this case were used by both the sandd position panel on the wall mast of the wall (the Plaintiff asserts that the sandd position panel was used on the H roof, but both the Defendant and the Intervenor are the roof of the asbestos slate.

A’s report on the fire site investigation of evidence No. 7 states that both the warehouse of this case and H and J buildings are “absap of prefabricated steel-frame sand position panel”.

[2] The Plaintiff entered into the K insurance contract with the non-party company as the insured (hereinafter “instant insurance contract”) with the following contents: (a) the insurance period of fire insurance and facility owner liability insurance: (b) the subject-matter of the insurance from June 30, 2014 to June 30, 2019: the insurance amount of the instant warehouse and its inner movables, facilities, and house fixtures: KRW 80 million; (b) the movable property of KRW 50 million; and (c) the house fixtures and fixtures 20 million;

B. A fire and damage occurred on July 29, 2016, around 08:43, 2016. A fire occurred in H, and burning the fire, and the said H was partly destroyed with the warehouse of this case, its neighboring movable property, facilities, etc., and J buildings, machinery, etc. (hereinafter referred to as “instant fire”).

(2) Nonparty 2).