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(영문) 서울중앙지방법원 2018.03.16 2017가단5068581
구상금
Text

1. Preliminary Defendant Taeyang Construction Machinery Co., Ltd.: KRW 94,572,224 and its amount from January 7, 2017.

Reasons

1. Basic facts

A. On December 31, 2015, the Plaintiff concluded a comprehensive insurance contract between the Korea Capital Capital Co., Ltd. (hereinafter “Korea Capital”) and the insurance period from January 7, 2016 to January 7, 2017, setting the lease machinery located in each nationwide area of the subject matter of insurance as the lease machinery, and the Plaintiff agreed to compensate for losses incurred to the subject matter of insurance.

B. On January 7, 2016, Korea Capital Co., Ltd. (hereinafter “the instant machine”) entered into a facility lease agreement with the passenger ship (M-H80EN) (hereinafter “instant machine”) and installed and used the instant machine in its factory located in the Ulsan-gun District Corporation 24-gil, Ulsan-gun.

C. On September 20, 2016, the primary Defendant Jin-jin purchased 1845 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, which is adjacent to the factory site of the relevant land, and newly constructed a factory on the said land. On September 20, 2016, Defendant Min-gun, the primary Defendant Min-gun (including value-added tax) concluded a contract with the amount of 71,50,000,000 won (including value-added tax) for the construction of additional stone to be installed on the boundary of the site near the site.

Preliminary Defendant Taeyang, as shown in the annex No. 1, was he stored a stone axis and was placed over several floors, was removed from the part where landscaping stone was laid and the soil of the bank thereafter as shown in the annexed drawing No. 2, and then he was he stored an additional stone axis on the existing stone axis, and the back part of the additional stone axis was planned to start up with soil and stone.

E. Around October 5, 2016, a large amount of 266 meters per day due to typhoon chilling on and around October 5, 2016 in the Ulsan mountain area, among the works of the preliminary Defendant Thailand, was made. On October 16, 2016, there was a large amount of 60 meters per day on October 16, 201, but the preliminary Defendant solar was not taking any measures to prevent water from spreading into the ground, and the large amount of water was absorbed into the soil behind the existing stone axis and the soil pressure was increased.

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