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(영문) 서울중앙지방법원 2020.09.16 2020나5791

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

A. On March 2018, the Plaintiff entered into a housing fire insurance contract (hereinafter referred to as the “instant fire insurance contract”) with the council of occupants’ representatives of the Daegu-gu apartment (hereinafter referred to as the “council of occupants’ representatives”) on two Dongs (214 households), their affiliated buildings and equipment within the complex of the Daegu-gu apartment (hereinafter referred to as the “instant apartment”) and all of the general household household housing districts, with the purchase amount of KRW 21,530,000 (20 million per household unit: KRW 20 million per household unit), from March 23, 2018 to March 23, 2019; and from March 23, 2018 to March 23, 2019 (hereinafter referred to as the “instant apartment”).

B. On September 5, 2017, the Defendant entered into a contract for disaster liability insurance (hereinafter “instant liability insurance”) with the council of occupants’ representatives under Article 76(2) of the Framework Act on the Management of Disasters and Safety (hereinafter “Disaster Safety Act”) with respect to the two units of apartment buildings and their affiliated buildings of this case, with the insurance coverage amounting to KRW 1,000,000,000, and the insurance coverage period from September 5, 2017 to September 5, 2018, with the insured C (hereinafter “instant liability insurance”).

C. On June 29, 2018, around 15:35, the occurrence of a fire, around 15:35, F, the owner of the instant apartment building D E (hereinafter “fireing household”) destroyed or damaged the building and the building of the instant apartment building Ddong units, and the building of the instant apartment building Ddong units, Hhoho Lake, Jhoho Lake, Khoho Lake, Mhoho Lake, Nhoho (hereinafter “victim”) destroyed or damaged the house by a fire with the candlelight on the books in order to remove sneeping in small banks.

(hereinafter “instant fire”). D.

On August 27, 2018, the Plaintiff, such as the payment of fire insurance money, paid KRW 72,752,943 to the owner of the fire-fighting household and the affected household, and to the council of occupants' representatives, as fire insurance money. Of these, the amount paid to the victimized household and the council of occupants' representatives = 23,123,123,126 = 72,752,943 - 49,629,817 (E).