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(영문) 서울중앙지방법원 2014.07.04 2014나9907
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a building of 360 square meters for Class II neighborhood living facilities (private teaching institutes) on the Gyeongcheon-si’s Ground Registry as of September 2009, which was newly constructed in September 2009 (hereinafter “instant building”).

(2) The Defendant is the owner of the instant building. Around March 3, 2011, the part of approximately 280 square meters among the instant building, which was leased to B engaged in the fiber processing business, etc. with the trade name “F,” and around that time, B has used approximately approximately 280 square meters as F’s factory (hereinafter “the instant factory”). 3) The Defendant is a three-way factory on the ground that is adjacent to the instant building (hereinafter “Defendant factory”).

(D) The Plaintiff owned and operated a general gambling business, etc. with the trade name of “D,” and the remainder of the instant building except the instant factory was used as a dormitory for employees working in the Defendant factory (hereinafter “instant building”).

(4) On March 25, 2011, B entered into a fire insurance contract with the Plaintiff (hereinafter “instant fire insurance contract”) with the following contents, and around that time, B was issued the instant fire insurance policy (H) by the Plaintiff.

The insured: The insured company: B; the insured period from March 25, 201 to March 25, 2016: the factory (insurance value of KRW 82,969,745, the amount of insurance coverage: KRW 100,000); the machinery (insurance value of KRW 173,346,000; KRW 150,000; KRW 115,613,036; KRW 30,000: the amount of insurance coverage) located within the factory of this case; the movable property (insurance value of KRW 115,61,036; KRW 30,00,000: the amount of insurance coverage): Fire in the subject-matter of insurance;

B. On March 24, 2013, the occurrence of fire and the payment of insurance proceeds (on Sundays 21:15, Sundays 21:15, following the occurrence of fire in the dormitory of this case and the spread of fire to the factory of this case, the dormitory of this case, factory of this case, and the factory of this case were in existence.

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