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(영문) 서울동부지방법원 2016.01.19 2015가합101359
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff: (a) on the ground of a warehouse with 221-5 and 4th floor above the ground level when the Plaintiff’s operation of the Defendant is well-known; (b) on March 9, 2012, a freezing Korea Refrigera Co., Ltd. (hereinafter “Korea Refrigera”); and (c) on the part of the Plaintiff, the 1 through 3th floor above the ground level; (d) on the ground level, the freezing and the 4th above ground level were composed of freezing warehouses; and (e) as the Plaintiff, the consignment owned by the owner who entered into the entrustment management contract with respect to the storage of goods was stored on the 1

(hereinafter “instant warehouse”) entered into a contract for the storage transaction of goods to be kept in the instant warehouse, and kept the goods, such as the concentration, in the instant warehouse.

B. Around November 26, 2012, Korea Refrigerants concluded a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) with the following content (hereinafter “instant mutual aid agreement”).

On March 10, 2009, insurance period from November 26, 2012 to November 26, 2013, the date of subscription for deposit into A account for the supply and demand of Korea Refrigerants Korea Co., Ltd. (Co., Ltd.) who is a contractor for a general fire mutual aid for goods, the owner of the building of the house delivery center, one corporation holding the owner of the 1 to 30,000,000,000 buildings of the freezing warehouse and the 1 to 30,50,000,000 freezing c,5,00,000 won for the goods of the freezing storage facilities of the 1 to 30,000,000 on the ground of the freezing warehouse and the 1 to 30,00,000,000 on the 4th floor of the building on the ground of the freezing warehouse in the amount of KRW 10,00,00.

C. On May 3, 2013, a fire that could not identify the cause of the instant warehouse (hereinafter “instant fire”) occurred in the instant warehouse, and the goods stored in the instant warehouse and the said warehouse were discharged.

The Plaintiff claimed the mutual aid amount of KRW 3,112,00,000 on the part of Nonparty Maritime Damage Adjustment Co., Ltd. (hereinafter “Maritime Damage Adjustment Co., Ltd.”). On May 19, 2015, the Maritime Damage Adjustment Co., Ltd. (hereinafter “Maritime Damage Adjustment Co., Ltd.”) rendered an interim determination of the estimated damages for the Plaintiff’s goods stored in the instant warehouse due to the instant fire as KRW 757,472,140.

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