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(영문) 서울남부지방법원 2014.05.27 2013가합103354
구상금
Text

1. The Defendants: (a) KRW 72,783,921 to each Plaintiff; and (b) KRW 5% per annum from January 28, 2013 to May 27, 2014.

Reasons

1. Basic facts

A. A. On July 2010, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with Non-Party Ying Co., Ltd. (hereinafter “Non-Party Ying Co., Ltd.) with respect to the building for ground factories and warehouses (hereinafter “instant warehouse”) on the grounds that the Non-Party Company leased from Non-Party C and its internal machinery, inventory assets, etc. as shown in the attached Table 1 (hereinafter “instant insurance contract”). Of that, the insurance amount for inventory assets in the instant warehouse was KRW 20 million.

On the other hand, the non-party company concluded a fire insurance contract with the non-party ELI M&D Co., Ltd. (hereinafter “ELI”) on the whole of the movable property in the above warehouse by setting the insurance amount of KRW 200 million.

B. The Defendants, as married couple, have been engaged in the book business between Defendant A and Defendant B with the trade name “E” and Defendant B with the trade name “F,” respectively, in the Goyangdong-gu D Ground Building leased by Defendant A from Defendant C.

C. In order to use foreign workers employed for the business listed in the foregoing Paragraph (b) as a lodging place, the Defendants respectively set up one of the lodging building of the sandd position panel structure (hereinafter referred to as “nives ①”) and two of the lodging building of the container structure (hereinafter referred to as “nives”) at a point not exceeding 10cm away from the warehouse of this case as shown in attached Table 2.

On September 20, 2012: (a) around 02:24, the instant warehouse and accommodation ①, (2), and (3) a fire (hereinafter “fire”) occurred; (b) as a result, the goods owned by the Nonparty Company, which were stored in the instant warehouse, were destroyed, causing damage equivalent to KRW 291,135,685 (the amount calculated by subtracting the remaining goods value from KRW 313,978,570 from the insurance value of KRW 313,978,570 from the amount of KRW 22,842,885).

E. On January 25, 2013, the non-party company: (a) KRW 145,567,843 from the damage insurance against ELI on January 25, 2013; and (b) January 28, 2013.

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