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(영문) 서울중앙지방법원 2016.05.20 2015가합533694
손해배상청구
Text

1. The Defendant’s KRW 523,750,834 as well as 5% per annum from June 10, 2015 to October 12, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 31, 2012, a stock company for the mobilization industry (hereinafter “coverage industry”) entered into a contract on the use of a warehouse, such as the content that the mobilization industry uses as a logistics warehouse from July 1, 2012 to June 30, 2015, among the above ground storage facilities (hereinafter “instant building”) at the time when the mobilization industry is safe, 3,457 square meters from the beginning of the 221-5, 221-6, and 233 ground (hereinafter “instant building”).

B. On April 18, 2012, primary meat processing Co., Ltd. (hereinafter “original meat processing”) entered into a trade agreement on goods storage, such as the content that the primary meat processing is kept in freezing meat in the instant building from April 24, 2012 to April 22, 2013.

C. On January 15, 2013, Hanol Trust Co., Ltd. (hereinafter “ Hanol Trust”) concluded a collateral trust agreement on the instant building with the Korea Refrigerants and completed the registration of the trust in the name of Hanol Trust.

Article 9(1) of the Security Trust Contract provides that “Korea shall actually continue to possess and use the trusted real estate, and shall bear the actual management of the trusted real estate, such as the preservation, maintenance, repair, etc. of the trusted real estate, and all the expenses incurred therefor.”

On August 2012, the Defendant entered into an insurance contract with regard to the use of the instant building between the mobilization industry and the primary meat processing around March 2013 as follows:

Division 1 Insurance Contract 2. Insurance policyholder of the type of insurance 2. Fire insurance policy / the first meat processing insurance period for the mobilization industry from August 1, 2012 to August 1, 2013 to August 6, 2013 to March 6, 2013.

In the vicinity of the entrance of the second floor of the instant building A, around May 3, 2013, the instant building was entirely removed from the instant building due to an unexpected fire that occurred around 01:10.

After investigating the damage to the subject matter of insurance caused by the said fire, the Defendant: (i) pursuant to the first insurance contract, to the Korea International Telecommunications Corporation, the victim, on January 28, 2014.

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