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(영문) 서울중앙지방법원 2018.11.13 2018가단5034974

구상금

Text

1. The Defendant’s KRW 71,384,607 as well as the Plaintiff’s annual rate from February 14, 2018 to November 13, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff, as an insurance company, concluded an insurance contract for non-payment of fire-free compensation insurance (hereinafter “instant insurance contract”) with a view to compensating damage if a fire occurs in the subject matter of insurance, setting the subject matter of insurance and the amount of insurance coverage to November 24, 2019 as KRW 160,000,000, and KRW 100,000,000 as to movable property, such as products and semi-finished products, in which the subject matter of insurance and the amount of insurance coverage from November 24, 2014 to November 24, 2019 (hereinafter “instant building”).

B. The Defendant is a person who has leased from B the steel-frame building (a Dong Dong) located in B to a household manufacturing business chain with a free lease of the building of the steel-frame building (a Dong Dong) located in B.

2017. 12. 11. 08:10경 피고가 위 가동 공장건물에 설치된 선풍기형 전기히터를 켠 직후 연결된 배선에서 스파크가 발생하고 이로 인하여 화재가 발생하여(CCTV 화면으로 확인되었다) 공장건물이 전소되었고, 화염이 인접한 이 사건 건물에 옮겨 붙어 이 사건 건물과 건물 내에 있던 상품과 반제품 등 동산(이하 ‘이 사건 동산’)이 소훼되었다

(hereinafter “instant fire”). C.

The damages incurred to the instant building due to the instant fire are equivalent to KRW 226,104,107, and the damages incurred to the instant movable property are equivalent to KRW 505,89,375 (=226,104,107 won) equivalent to KRW 279,795,268 (= KRW 279,79,795,268).

Meanwhile, at the time of the instant fire, the instant building and the instant movable are the objects of fire insurance that B entered into with M&C Co., Ltd., and in the said insurance, the purchase price of the instant building is KRW 100,000,000, and the purchase price of the instant movable property is KRW 150,000,000.

The Plaintiff, according to the instant insurance contract, was the insurance money due to the instant fire, which was an insurance accident in B, the insured on January 17, 2017.