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(영문) 서울중앙지방법원 2015.11.26 2014가단218168
구상금 등
Text

1. 56,907,267 won and this shall be jointly applied to the Plaintiff by the Defendant M&D Co., Ltd. and our bank.

Reasons

1. Basic facts

A. A trust, etc. of the instant building 1) Building consisting of 13 floors above the 6th ground surface in the case of a building consisting of 266-1, 266-2 above the west-dong, Seo-gu, Sungnam-si, Sungnam-si (hereinafter “instant building”).

(2) After around 2005, the instant building was incorporated into the trust property under subparagraph 1 of the future road map, NPS private real estate investment trust, which is a real estate investment trust. The Defendant’s future road map management company (hereinafter “NS private real estate road map”) is an operating company of the above trust property, and the Defendant Korea Bank (hereinafter “Korea Bank”) is a trustee company of the above trust property.

B. The lease relationship 1) The Korea SPS Bank Co., Ltd. (hereinafter “SC Bank”)

A) On January 18, 2007, part of the first floor (606.58 square meters, hereinafter “the first floor lease”) of the instant building is deemed to be the leased part of the instant building.

(2) At the time of the lease agreement, SC Bank concluded a lease agreement with the Defendant Woori Bank, the trustee of the instant building, as the lessor, on March 20, 2012, to lease the first floor again for five years. The Defendant’s future road map was involved in the trust property management company, and signed and sealed the lease agreement in its position.

2) It is a live green belt company (hereinafter referred to as “live green belt”).

From September 2006, the lessee is the lessee who leased the first floor of the instant building from around September 2006 to is used for the business of the store, etc.

C. The Plaintiff and the Plaintiff’s insurance contract between the SC Bank and the SC Bank regarding the risks, such as losses, arising from property in each branch of the SC Bank, including the leased portion of the first floor of this case, during the insurance period from November 1, 2012 to November 1, 2013, the insurable value US$791,334,52.93 is annual.

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