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(영문) 부산지방법원 2019.10.02 2017가합51392
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that runs the insurance business. The Defendant is a company that manufactures and sells various rubber labels and special rubber products, and C (hereinafter “C”) is a company that manufactures steel, steel, steel, materials, etc.

B. The Plaintiff entered into the instant insurance contract with C by setting the insurance period from July 1, 2014 to July 1, 2015, with the assets, such as the steel mill factory building and machinery, owned C as the insurance subject matter, and entered into an insurance contract with C to cover losses incurred to the subject matter of insurance (hereinafter “instant insurance contract”).

C. The instant fire and the Plaintiff’s insurance money payment 1) During the process of transferring biochemicals, which are used as secondary materials at D’s 3 E plant located in Mayang-si on November 16, 2014, Belgium No. 2, a raw material transport device (hereinafter “instant consortium”).

(B) A fire occurred in the post-U.S. unit, resulting in the transformation of the steel structure of the instant consortium, and the consortiums and accessories were damaged (hereinafter referred to as “instant accident”).

(2) A) A incurred total of KRW 1,58,924,468 due to the instant accident, and the Plaintiff paid KRW 1,538,924,468 as insurance money to C on December 4, 2015 according to the instant insurance contract.

1) As a result of the instant accident, F Co., Ltd. (hereinafter “F”).

(2) As to the instant accident, the lower court determined that “fire was first generated in the latter part of the instant consortium, and that the grasssaw, installed inside the Gu Dong-dong unit, to deliver the revolving power to Be Belgium, destroyed by cracks, caused interference between the presses of the grassbook and the raw material transfer equipment, and the fire was caused due to the senger’s war.” In addition, the lower court determined that “F was damaged”.

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