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(영문) 서울중앙지방법원 2020.10.13 2020나7971
구상금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. On December 10, 2019, the Plaintiff, as an insurance company, concluded a D insurance with the council of occupants’ representatives (hereinafter “instant apartment”) and with respect to the instant apartment buildings and appurtenant facilities, and the household building district, with the insurance period from December 13, 2018 to December 13, 2019 (hereinafter “instant fire insurance”).

The “insured” of the instant fire insurance policy refers to the “C Apartment Apartment Council Council” as the “The instant fire insurance policy.”

B. On March 9, 2018, the Defendant, as an insurance company, concluded a disaster liability insurance contract under Article 76(2) of the Framework Act on the Management of Disasters and Safety (hereinafter “Disaster Safety Act”) with the council of occupants’ representatives of the instant apartment, which is a mandatory insurance with respect to the instant apartment from March 9, 2018 to March 9, 2019, with respect to the instant apartment as the insured C apartment (hereinafter “instant liability insurance”).

C. On February 13, 2019, around 20:31, 200, when a fire occurred, the owner F’s wife G in the instant apartment E-head of the apartment complex (hereinafter “fire-fighting household”) put on the front direction to remove the live in the middle line, and the house fire occurred between the string household and the string household, the inside of the string household became the fire, and the string household, which occurred at the time of the fire, flows into three households of the upper upper floor of the string household (Hho, I, and Jho), thereby damaging external walls, masts, and stregings, etc., and the fire-fighting water used in extinguishing the fire was flooded in K-heading remote areas.

(hereinafter referred to as “instant fire,” and the above four households are collectively referred to as “victims”). D.

On May 16, 2019, pursuant to the instant fire insurance contract, the Plaintiff paid KRW 56,761,301 as fire insurance money to the fire generation, the owner of the damaged household, and the council of occupants’ representatives. Of them, the amount paid to the victimized household and the council of occupants’ representatives is KRW 5,975,315.

The insurance money to be paid for the total damage of divided buildings shall be 1,221,00 won X 1,221,000 won 1,18.

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