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(영문) 서울고등법원 2020.06.24 2019나2051537
손해배상(기)
Text

1. Of the parts pertaining to Defendant E-I and F Co., Ltd. in the judgment of the court of first instance, the amount ordered to be paid below.

Reasons

Basic Facts

The parties to the dispute and the relevant Plaintiff A are the owners of the Y ground building in Hanam-si (hereinafter “instant childcare center building”), who are the operators of “H childcare center” on the first floor of the said building, and Plaintiff B is the lessees who leased the said building No. 1 from February 4, 2017, and Plaintiff C from December 20, 2016, respectively.

Since July 3, 2010, the representative director of the defendant Diplomatic Association, who owned the Z land and the building on the ground (hereinafter “the instant land and the church building”) adjacent to the instant childcare center building from around 2002, discussed the matters on the integrated agenda between the representative of the defendant Eiplomatic Association and the church from July 3, 2010, to sell the instant church building to the defendant Eiplomatic Association. However, until the purchase price is paid, the defendant Eiplomatic Association decided to rent and use the instant church building.

Accordingly, around November 2010, Defendant Ehhy Association leased the instant church building from Defendant D Diplomatic Association with a deposit of KRW 150 million, monthly rent of KRW 100 million, and the period from November 31, 2010 to November 30, 2013, and used the instant church building. On July 27, 2012, Defendant Diplomatic Association purchased 1/2 of the instant land and church building from Defendant Diplomatic Association with a purchase price of KRW 50 million.

8.1. The registration of ownership transfer for the above shares is completed.

Around July 2015, Defendant E church’s representative L, when the instant fire occurred, entered into an insurance contract with Defendant F on July 27, 2015, setting the insurance period from July 27, 2015 to July 27, 2020, as follows (the name of the insurance: M, securities number: N: hereinafter “instant fire insurance contract”).

The loss sustained by the insured, due to the death or physical damage of others, or the burden of legal liability for the property of others, caused by fire or explosion, which occurred for all buildings, facilities, and household fixtures, of the amount of insurance coverage under the terms of payment for the insured.

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