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(영문) 서울중앙지방법원 2018.03.12 2017가단5015617
구상금
Text

1. The Defendants jointly committed against the Plaintiff KRW 114,823,680 and KRW 70,000 among them, from March 9, 2016, and KRW 44,823.

Reasons

1. Basic facts

A. The Defendant Samsung Co., Ltd. (hereinafter “Defendant Co., Ltd”) engaged in the mechanical relocation and installation business in the building of the 2nd YH panel sap 2nd sap (hereinafter “instant building”). The Defendant Co., Ltd. concluded a fire insurance contract with the Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) to ensure that Defendant Samsung Fire will be liable for damages to a third party due to a fire that occurred from the instant building, if the Defendant Co., Ltd. is liable for damages to the third party.

B. A building consisting of a junju-si Cheongju-si Cheongju-si, where D is operating laundry business in the trade name “E” (hereinafter “damage building”), and the Plaintiff entered into a fire insurance contract with D with the following contents.

on January 15, 2015 through January 22, 20200, total inventory assets of KRW 100,000,000 in total, total inventory assets of KRW 5,00,000 in the subject matter of insurance and the amount of insurance coverage of the subject matter of insurance, and total assets of KRW 80,000 in buildings;

C. On January 24, 2016, at around 04:33, a fire occurred in the stove boiler room located on the first floor of the instant building, and the said fire destroyed part of the damaged building that was destroyed by the fire, and the machinery, fixtures, fixtures, movable property, etc. located on the damaged building was destroyed by fire.

(hereinafter “instant fire”). D.

On March 9, 2016, the Plaintiff paid KRW 70,000,000 insurance money to F that was delegated by D with the authority to receive insurance proceeds.

Since then, the claims adjuster calculated the amount of each of the damages occurred D due to the instant fire as KRW 63,601,748, mechanical equipment 173,139,221, personal equipment 3,101,865, movable property 1490,000. Based on the result of the computation, the Plaintiff calculated the amount of insurance proceeds as KRW 141,61,748 (= KRW 73,907,513,513, and KRW 3,101,865, and KRW 70,000,000 already paid.

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