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(영문) 서울중앙지방법원 2019.11.06 2018가단5243549

구상금

Text

1. The Defendants jointly share the Plaintiff KRW 369,460,230 and KRW 304,517,017 among them, from June 27, 2018, and 64,943.

Reasons

1. Basic facts

A. The Plaintiff concluded a fire insurance contract (hereinafter “Plaintiff insurance contract”) with Defendant B Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) (hereinafter “Defendant C Co., Ltd.”), the owner of the instant building, as the insured, with the F engaged in restaurant business under the trade name of “E,” among the buildings located in Yongsan-gu, Seoyang-gu (hereinafter “instant building”). Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a package insurance contract (hereinafter “Defendant Co., Ltd.”), including property damage liability, as the insured with respect to the instant building, on the ground that Defendant B Co., Ltd. (hereinafter “Defendant department store”) as the insured.

B. On May 29, 2018, around 05:07, fire occurred in the 8,9, and 10th EPS room of the instant building.

(hereinafter “the instant fire”) due to the instant fire and the extinguishment thereof, there were flood damage equivalent to the sum of KRW 514,565,343, KRW 187,233,474, KRW 30,113,864, KRW 731,912,681, in total, KRW 731,912, and KRW 681, in the instant restaurant.

C. On June 26, 2018, the Plaintiff paid F KRW 589,034,035 in total, KRW 304,517,017, and KRW 284,517,018 on July 19, 2018, as insurance proceeds from the instant fire.

1) As a result of the fire investigation of this case, the fire site investigation report of the fire fighting unit 1) 8, 9, 10th EPS room: The fire fighting unit 8, 9, 10th 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3rd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 200