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(영문) 서울중앙지방법원 2019.08.14 2017가단5197113
구상금
Text

1. Defendant B’s KRW 40,000,000 as well as 5% per annum from August 25, 2017 to August 14, 2019.

Reasons

1. Basic facts

A. On February 201, the Plaintiff entered into an insurance contract with D with a view to ensuring the risk of damage, such as fire and collapse, arising from the insurance purpose (hereinafter “instant insurance contract”) as follows:

- Insurance Name: E - In the case of the subject matter of insurance: H 41% of the non-registered housing constructed on the State-owned land, H 41% of the land owned by the husband of D, I 32.79m2 (hereinafter “instant housing”) - Insured: D- Insurance Period: from February 28, 2011 to February 28, 2021: from February 28, 201, to February 2021: the amount of insurance coverage: the instant housing amounting to KRW 50,00,000,000, owns shares of 24% of the shares.

B. On January 28, 2017, around 08:10, a fire occurred in the vicinity of the instant house (hereinafter “instant fire”) and on the ground that the instant house, including the instant house, 5 units of housing, 6 units of warehouse, and 1 unit of container were destroyed by fire.

K reported the instant fire confirmed that the instant fire was postponed from the land warehouse (hereinafter “instant warehouse”) adjacent to the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant warehouse”) and reported in 119. At the time, K was not in a fluor next to the instant warehouse.

N residing in a building (M) adjacent to the warehouse of this case was a situation in which the sound was string, the face was string, and the inspection was postponed in the warehouse of this case, and the store of the O, etc. adjacent to the fire of this case.

The wire 16 points cut from the presumed place of distribution of the outer wall of the warehouse of this case was collected at the point where the outer wall of the warehouse of this case was presumed to exist, and the electrical peculiar points were observed as a result of the request for appraisal of evidence to be observed by the electrical peculiar points.

The burning of the fire site of this case is presumed to have a majority of the outer walls of the warehouse of this case.

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