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(영문) 서울중앙지방법원 2017.04.11 2016나41417
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 8, 2007, A and B agreed to the ownership transfer registration for each 1/2 portion of the building listed in the separate sheet (hereinafter “instant real estate”) on the ownership of the building indicated in the separate sheet (1). A and B agreed to each 270 square meters of a single-story factory and 242 square meters of a single-story factory among the instant real estate, and B shared ownership.

(2) After the operation, A operates a factory with the trade name of “C” in operation, and B operates a factory with the trade name of “D” in the Nadong.

B. (1) On August 16, 2013, A concluded a fire insurance contract between August 16, 2013 and August 16, 2018, with respect to the Plaintiff and the operating building, with the insurance period from August 16, 2013 to August 16, 2018, with the insurance amount of KRW 50,00,000, and the insured.

(2) On January 28, 2011, A entered into a fire insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Masung Fire”) for a building in operation with the insurance coverage period from January 28, 201 to January 28, 2021, 86,000,000, and the insured as A.

(3) On October 15, 2014, B entered into a fire insurance contract between the Defendant and the subject matter insured (hereinafter “Defendant insurance contract”) with the subject matter insured (hereinafter “Defendant insurance contract”). The Defendant and the subject matter insured (hereinafter “Defendant insurance contract”): (a) “building and accessory equipment [the steel reinforced concrete / steel slate / steel scrap / steel reinforced concrete 512 square meters high on the ground level 1st floor”; (b) the insurance period from October 26, 2014 to October 26, 2015; (c) the insurance amount of KRW 165,00,000; and (d) the insured.

On the other hand, B created a pledge on the right to claim the insurance money to the Korean Bank (hereinafter “Korea Bank”).

C. On February 11, 2015, around 15:40 on February 11, 2015, fire and the payment of insurance proceeds (1) fire on the left side of the entrance of the building in operation occurred, and the fire on the inflammable was removed, and the building, machinery, etc. in operation was removed.

(ii).

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