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(영문) 청주지방법원 2019.07.05 2019나10997
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s ground building E (hereinafter “Plaintiff’s building”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the building on the ground of Jincheon-gun, Jincheon-gun (hereinafter “Defendant B”) adjacent to the Plaintiff’s building.

B. Meanwhile, the Defendant’s building is divided into the production Dong (hereinafter “production Dong building”) and the Foundation Dong (hereinafter “Foundation Dong”) as follows. Defendant B manufactured punch in the Defendant’s building to be used for furniture and beds. The specific manufacturing process was to make punch by mixing chemical ingredients, etc. from the production Dong building with the chemical ingredients, to build it in the open site, to raise heat due to chemical reaction, and to move it into the foundation and to the storage.

CD

C. On October 29, 2012, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into an insurance contract with Defendant B as a foundation building, machinery, internal facilities, goods and semi-finished goods for the purpose of insurance, and the insurance period from October 29, 2012 to October 29, 2017 (hereinafter “Article 1 insurance contract”). The main contents of the insurance contract are as follows.

Article 1 (Scope of Insurance Purposes) of the Special Terms and Conditions for Fire Damage (general, Factory), Section 1 (Scope of Insurance Coverage) of the Special Terms and Conditions for Insurance purposes refers to the articles insured pursuant to this Special Terms and Conditions and the buildings, etc. mentioned in the Insurance Policy (Insurance Policy).

(3) Where the insurance object is a building or entry, any of the following things shall be included in the insurance object unless otherwise agreed:

1. In cases of buildings:

(a) Accessories to a building: Partitions, gates, fences, places, and others similar thereto, which are owned by the insured;

(b) Affixing a building: A signboard owned by the insured, a neons, an antenna, an advertising tower, and others similar thereto;

(c) Affiliated equipment of a building: Electricity, gas, heating, air conditioning equipment, and similar equipment owned by the insured.

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