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(영문) 서울중앙지방법원 2017.12.21 2016가단5277159

구상금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 14,172,509 and as a result, from November 25, 2015 to December 21, 2017.

Reasons

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff entered into a fire insurance contract with B, etc. with respect to the first underground floor located in the North-gu Seoul Special Metropolitan City, 1, 2, 3, and 4 above ground (216.10 square meters, 216.10 square meters, and 132.77 square meters in underground rooms; hereinafter “instant building”). The Plaintiff is an insurer who entered into a fire insurance contract with the insurance coverage period from March 19, 2015 to March 19, 2020, with the insurance coverage amounting to 700 million won (hereinafter “Plaintiff insurance contract”).

B. Defendant A leased and operated a singing room of the instant building from B (hereinafter “instant leased”) and Defendant D Non-Life Insurance Co., Ltd. (hereinafter “Defendant D Non-Insurance”) on July 31, 2013, with respect to the leased portion between Defendant A and Defendant A, the insurance period of the instant leased portion is 2013.

7. From July 31, 2018 to July 31, 2018, an insurer that entered into a fire insurance contract with the lessee’s liability of KRW 100 million, KRW 100 million, KRW 100,000, KRW 100,000,00,000,000,000,00.

C. On July 21, 2015, around 21, 2015, a fire (hereinafter “the instant fire”) occurred in the leased leased and possessed by the Defendant, and the part of the instant building, including the leased part, was destroyed by fire, and property damage was 63,841,928 won (excluding the leased part of KRW 40,492,83, the damage amount to the instant building was 23,349,045 won). The Plaintiff paid the Plaintiff KRW 43,595,486 [20,246,441, the damage amount for the instant leased part] under the Plaintiff’s insurance contract on November 24, 2015, the Plaintiff paid the Plaintiff KRW 43,595,486 [23,349,45 won, excluding the leased part of the instant building of KRW 40,46,441, out of the damage amount for the instant leased part]. The Plaintiff and Defendant D-2426.

As to the fire fighting point and cause of the instant case,