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(영문) 서울중앙지방법원 2015.04.10 2014나54242
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6, 8, 9, and 10:

On February 15, 2013, Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) entered into an insurance contract with the Plaintiff, an insurance company, with respect to the second underground floor and fourth floor reinforced concrete structure neighborhood living facilities (hereinafter “instant building”) located in Gangnam-gu, Seoul Special Metropolitan City 119-ro 15, 119-1, with respect to the building owned by Nonparty Co., Ltd., Nonparty Co., Ltd., the insured company, and the insurance period from February 15, 2013 to February 16:00 to February 15, 2014, with respect to the building owned by Nonparty Co., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and the insured Co., Ltd., Ltd., included the amount of KRW 100 million per person and KRW 100 million per accident, and the insured Co., Ltd.’s liability as the maximum amount of KRW 100,000 per accident (hereinafter “the insured Co., Ltd.”).

B. At around 14:00 on December 8, 2013, the fifth floor of the instant building caused water leakage due to the heat of water pipes on the wall, and on the foregoing accident, Leben Entertainment Co., Ltd., which leased and used the fifth floor as an office, suffered from flood damage caused by the inundations, interior facilities, and office fixtures, etc. in the office (hereinafter “instant insurance accident”). The amount of damage caused by the said damage was KRW 8.52 million in total, including carpets and expenses incurred in replacing the interior facilities (hereinafter “instant insurance accident”).

C. On April 15, 2014, according to the instant insurance contract, the Plaintiff paid KRW 8,420,000 after deducting KRW 100,000 from the said damages to the Nonparty Company.

On October 14, 2011, the Defendant supplied and supplied new construction works (including water supply pipes) of the instant building and around November 12, 2012.

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