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(영문) 부산지방법원 2019.02.21 2017가단304693
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D is the owner of 1,361.42 square meters (hereinafter “instant Fdong factory”), the steel-frame slive roof office, and the restaurant 440.52 square meters (hereinafter “instant Gdong building”), and other 5,745.01 square meters (H Dong), the substation 41.60 square meters (Idong), and the water level room 8.85 square meters (Jdong) in the Seogu-gu, Seogu.

B. On November 1, 2012, K indicated as “826.45 square meters on the left side (Fdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong)” in

(A) After the lease of No. 7). L Co., Ltd. (hereinafter referred to as “L”) was operated by the manufacturer of automobile parts.

C. On April 14, 2015, the Plaintiff entered into a M insurance contract (hereinafter “instant insurance contract”) with the insured K, the insurance period from April 14, 2015 to April 14, 2020. This is comprised of a fire liability security, which compensates for damages incurred by the insured’s burden of statutory liability due to the loss of the property or body of another person due to a fire explosion that occurred.

On April 14, 2015, the Defendant lent part of the Fdong factory of this case to Q who operates P, with the exception of the leased portion of L. 680.71 square meters.

B. Of the instant Gdong building, 45 square meters were leased and carried on the automobile parts and other metal disposal business under the trade name “N”.

(hereinafter referred to as "the leased part of the Defendant" in combination with the leased part by the Defendant.

On June 9, 2016, around 03:50, a fire occurred in the part of the Defendant’s lease (hereinafter “instant fire”) among the instant Fdong factories, and all of the instant Fdong factories and outer walls of the instant Gdong building were destroyed.

(f) D, the owner of the instant Fdong building, claimed insurance proceeds from the instant accident to the Plaintiff.

(g)O Co., Ltd. shall be this.

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