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(영문) 서울중앙지방법원 2019.05.14 2018가단5088278

구상금

Text

1. The Defendant’s KRW 49,694,819 and KRW 37,691,564 among the Plaintiff and KRW 12,03,255 among the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded two fire insurance contracts with D Co., Ltd. (hereinafter “D”) by setting as “D” and “from January 13, 201 to January 31, 2021,” the insurance period as “from January 31, 2011 to January 31, 2021,” and by setting as “D” and “from August 12, 201,” the insurance period as “from August 12, 2016,” “from August 12, 2016 to August 12, 2017.”

B. On November 15, 2016, the Defendant entered into a contract on the instant plant’s supplementary installation works (hereinafter “instant contract”) with D, setting the contract amount of KRW 946,00,000 as the contract amount from November 21, 2016 to February 15, 2017.

C. In order to carry out the instant contract, the Defendant installed a container within the instant factory site (hereinafter “instant container”) and kept office equipment, such as computers, inside the container, and used it as an office.

On March 13, 2017, around 04:35, a fire (hereinafter referred to as “instant fire”) occurred in the instant container, and the fire was destroyed by fire-fighting of the inside facilities, etc. of the instant factory attached to the instant factory.

E. D incurred loss of KRW 595,776,288 due to the instant fire, and the Plaintiff paid KRW 228,427,706,706 as insurance money to D on February 1, 2018, including KRW 173,253,424, and KRW 55,174,282 on March 6, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) The fire of this case occurred due to the fall of the ship inside the container while leaving the container of this case without leaving the container of this case even after the defendant completed construction work under the contract of this case. Thus, the defendant bears the responsibility for the non-performance due to the incomplete performance of the contract of this case and the responsibility for the defect in the installation or preservation of structures under Article 758 of the Civil Code. 2) The plaintiff goes to D.

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