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(영문) 서울중앙지방법원 2020.09.29 2018가단5085118
구상금
Text

1. The Defendant’s KRW 64,688,870 as well as the Plaintiff’s annual rate of KRW 5% from April 10, 2018 to September 29, 2020.

Reasons

1. Facts of recognition;

A. On May 8, 2017, the Defendant, who entered into a lease agreement between the Defendant and C, leased the building of the first floor D (hereinafter referred to as “instant building E-Dong”) on the ground that it owned from Busan Metropolitan City, by setting the lease term as KRW 15 million from May 8, 2017 to June 7, 2019, and KRW 130,000 per month from rent.

The defendant used the building E-dong of this case as an office and a workplace (on the port door manufacturing plant).

B. On November 18, 2016, the Plaintiff and C concluded an insurance contract between the Plaintiff and C, and payment of the Plaintiff’s insurance proceeds (i) the Plaintiff and C, with respect to the C-owned factory and office building (including the building E-dong of the instant case) located in Busan Metropolitan City around November 18, 2016, fire insurance contract with the following contents (hereinafter “instant insurance contract”).

A. The policyholder entered into a contract. The subject matter of the C insurance contract: the subject matter of the C insurance contract consisting of the D-ground buildings (E-dong, F-dong (hereinafter referred to as the “instant building F-dong”) and G-dong (hereinafter referred to as the “instant building E-dong”) in Busan City.

[] The insurance period of the Plaintiff’s insurance contract from November 18, 2016 to November 18, 2026: Fire damage - Fire damage of KRW 300,000,000 in movable property - Fire damage of KRW 40,000 in movable property - Fire damage of KRW 10,000 in KRW 30,000 in KRW 10,000 in KRW 10,000 in property - Fire damage of KRW 300,000 in property - the security of KRW 300,000 in property - the amount of the insurance coverage of the instant building - from Dong to Dong of the instant building (hereinafter “instant fire”) caused fire around 00:23, 2018 (hereinafter “the instant fire”), and the building E-dong of the instant building was destroyed by part of the building Fdong of the instant building.

The point of combustion is to be determined near the entrance of the building of this case - The examination of the cause of fire by the person in charge of H factories to find flames in the part of the entrance of the E-dong door of the building of this case on the road 119: The ground is to be presumed to be a fall due to the malfunction of contact - The wall is to be launched near the entrance of the building of this case.

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