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(영문) 서울중앙지방법원 2015.07.23 2014가단5111361
구상금
Text

1. As to the Plaintiff, Defendant E.S. 53,107,049 won and KRW 49,428,549 among them, Defendant E.S. Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an insurance contract (general risk security and liability risk security) with respect to the "Korea-dong Busan, Jung-gu, Busan-dong, Busan-do, Busan-dong (hereinafter "KIB-dong") located in 53-17, etc. (hereinafter "KI-dong, Busan-dong"). Defendant SIS SIS Co., Ltd. (hereinafter "Defendant SIS") entered into a contract on the management of the building for Busan-si, etc. (hereinafter "the management contract of this case", and Defendant SIS Co., Ltd. (hereinafter "Defendant SIS") with SIS-dong, etc. as to Busan-dong, etc. (hereinafter "the construction contract of this case"). Defendant SIS-dong, etc., entered into a contract on the replacement of the disaster prevention system (hereinafter "the construction contract of this case").

B. On October 30, 2012, the occurrence of a fire on October 30, 2012, even if there was no fire at around 01:45, the occurrence of an accident involving flooding, which caused a fire-fighting water to the sixth floor to the second floor (hereinafter “the accident in this case”).

C. On December 13, 2013, the Plaintiff paid KRW 57,798,746 as property comprehensive collateral insurance proceeds to Hansung, and KRW 12,813,468 as property collateral insurance proceeds to the second floor victim A, etc. on the same day, the Plaintiff paid KRW 70,612,214 as property collateral insurance proceeds. On February 28, 2014, the Plaintiff paid KRW 5,25,000 as value-added tax equivalent to the value-added tax.

The main contents of the management contract of this case and the management plan (facilities) under Article 6 of the management contract of this case are as follows:

The target object; the location of the building of the Hansi-si in Busan City (main city): the building area of 1,485.72 square meters and the building area of 449.43 square meters and the total floor area of 6,868.15 square meters and the building area of 3,72.35 square meters and the underground of the building area of 1,472.35 square meters and the area of the building area of 1,485.72 square meters and the building area of 449.43 square meters and the total floor area of 449.43 square meters and the building area of

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