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(영문) 서울고등법원 2020.08.18 2019나2011317
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. On June 201, the Plaintiff entered into a goods storage contract (hereinafter “goods storage contract”) with C Co., Ltd. (hereinafter “C”) and “C shall receive storage fees and keep the Plaintiff’s household goods, kitchen supplies, etc. (hereinafter “Plaintiff’s household goods, etc.”) for a period of 12 months from the warehouse H and I Dong (hereinafter “frequency”) located in G at the time of selling the goods (hereinafter “goods storage contract”) and agreed that “if there is no written notice of cancellation by both parties by one month prior to the expiration date of the contract, it shall be automatically extended every six months under the said condition.”

C around 05:58 on July 29, 2017, which was kept in the main warehouse of the Plaintiff’s household goods, etc. according to the goods storage contract, transferred to the main warehouse of the main warehouse of the main station of the strike, and the household goods, main household goods, etc. in the attached list owned by the Plaintiff (hereinafter “Plaintiff’s household goods, etc.”) kept in the storage was destroyed.

(hereinafter referred to as "fire accident in a stock-listed warehouse"). [No dispute exists on the grounds of recognition], Gap evidence (including serial serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, 6, and 7, Eul evidence Nos. 2, 4, and 5, and the purport of the whole pleadings.

2. Claim for damages against the representative director, executive inspector, etc. among the primary or selective claims;

A. The summary of the Plaintiff’s claim that the Plaintiff is liable for damages is the representative director of C, and Defendant E exercises substantial influence over C, and was performing duties using the name of the representative director of C, and was engaged in fire insurance for the Plaintiff’s household goods, etc., which were kept in the market warehouse for the Plaintiff under a contract for the storage of goods, but was negligent in performing duties intentionally or by gross negligence, thereby not being subject to fire insurance for the Plaintiff’s household goods, etc. prior to the fire accident in the market.

Accordingly, the plaintiff is unable to receive insurance money even if his own household goods, etc. were destroyed by a fire accident in the main warehouse.

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