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(영문) 서울중앙지방법원 2017.12.19 2017가단5078755
구상금
Text

1. Defendant B’s KRW 319,217,958 and KRW 188,940,484 among the Plaintiff and the Plaintiff’s KRW 41,83,471 from September 2, 2014.

Reasons

1. Facts of recognition;

A. (i) On September 30, 2009, Defendant A leased the entire 350 square meters of the 2nd floor among the 2nd floor commercial buildings (hereinafter “instant building”) located in Scheon-si, one of its own possession, to Defendant B (hereinafter “instant lease”) (hereinafter “instant lease”); Defendant B, among them, operated a singing practice room (hereinafter “the instant singing practice room”).

B. On December 30, 201, Defendant A leased all and part of the first and second floor of the instant building (ware) to E, and “Fma” (hereinafter “instant marina”) was operated in the said leased building part.

B. On October 23, 2012, G entered into a sub-lease contract: (a) Defendant B transferred all of the instant singing practice room stores and facilities from Defendant B, and (b) operated a singing practice room from that time.

C. (1) On January 5, 2012, from January 5, 2012 to January 5, 2017, the Plaintiff concluded an insurance contract with E with the insured, namely, “the instant marina (general sales facilities, ordinary warehouse facilities),” “fire security such as movable property, facilities and fixtures, etc., liability for the owner of facilities, and liability for fire”)” for the purpose of security.

The Plaintiff concluded an insurance contract with G and its insurance period from December 12, 2012 to December 12, 2017, the insured, G, the object of collateral “the instant singing practice room (general sales facility),” and the purpose of collateral is “fire security such as buildings, movable property, facilities, and fixtures, such as fire security, premises explosion damage, electricity risk, gas accident liability, and the owner of facilities.”

(hereinafter collectively referred to as “each of the instant insurance contracts”

D. On May 27, 2014, at around 17:14, a fire started in the instant karaoke machine located in the 11st place of the instant karaoke machine. Fire was destroyed by the said karaoke machine’s building, facilities, fixtures, etc., and the facilities, movables, etc. inside the instant Mat, damage caused by static, and inundation caused by fire water.

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