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(영문) 대구지방법원상주지원 2020.11.10 2019가단5979
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 3rd floor buildings (hereinafter “instant building”) are located on the ground of Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do.

The first floor was used as a cover, the second floor, the wale, the beauty art room and the office, and the third floor as a cover.

F is the proprietor of the second and third floor of the instant building.

On November 10, 2017, the Plaintiff concluded a G insurance contract with F on November 10, 2017 to November 10, 2017, setting the period from November 10 to November 10, 2027.

B. Defendant C (hereinafter “Defendant C”) is a corporation operating C on the first floor of the instant building.

Defendant B is an employee of Defendant C who manages beatis within Mart.

Defendant D’s organization (hereinafter “Defendant D organization”) concluded a fire mutual aid agreement with Defendant C on October 19, 2017, setting the period from October 19, 2017 to October 19, 2018 with Defendant C’s facility KRW 250,000,000, inventory assets of KRW 200,000,000, and the fire liability security amounting to KRW 600,00,00,000 (hereinafter “instant mutual aid agreement”).

C. On September 30, 2018, around 00:09, the entire building was destroyed by fire in the instant building.

(hereinafter “instant fire”). D.

The Plaintiff assessed F’s damage to F due to the instant fire as KRW 2,819,95,602, and paid F KRW 1,100,000,000 as insurance proceeds, on November 25, 2018, and March 13, 2019, KRW 300,000,000 on April 26, 2019, and KRW 275,000,000 on April 26, 2019, and KRW 50,000,000 on July 23, 2019.

The decision of provisional attachment of KRW 25,000,000,000 against Defendant C’s insurance claim against Defendant D organizations (this Court Order 2019Kadan503) was served on Defendant D organizations on March 18, 2019, and the provisional attachment of KRW 300,000,000 (this Court Order 2019Kahap3012) was served on April 29, 2019.

E. On December 17, 2018, Defendant D’s organization paid KRW 250,000,000,000 for the maximum amount of losses for the facilities pursuant to the instant mutual aid agreement, and KRW 200,00,000 for the total amount of losses for the facilities pursuant to the instant mutual aid agreement.

Defendant D’s organization shall be KRW 2,104,289,955, the amount of damages of the victims of the instant fire as revealed until April 24, 2019.

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