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(영문) 서울중앙지방법원 2017.08.23 2016가합553701
보험금
Text

1. The defendants are jointly and severally liable to the plaintiff for 182,639,100 won and Defendant Eastern Fire Insurance.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff’s position as a design and production company, and branch in Kimpo-si B (hereinafter “instant branch”) of the crating machine, printing machine, stamper, slacker, slicker, and joint base.

(2) Defendant A is a person who owns and operates a household manufacturing factory (hereinafter referred to as “instant factory”) in Kimpo-si adjacent to the instant branch.

B. 1) Defendant A entered into an insurance contract on May 22, 2015 (hereinafter “Dongbu Fire”). Defendant Dongbu Fire Marine Co., Ltd. (hereinafter “Dongbu Fire”).

(A) The term of the instant insurance contract with respect to the instant plant as of June 30, 2016 (hereinafter “instant insurance contract”) is stipulated as the term of the insurance period.

(2) The Plaintiff concluded a fire insurance contract on January 7, 2016 with the Korea Fire Insurance Co., Ltd. (hereinafter “Korea Fire Insurance”) and the instant branch, where Defendant A would be liable for damages to a third party due to a fire, including the “Special Clause on Fire-Fighting Liability” that directly pays insurance money to a third party.

C. 1) Accident occurred. A fire, which was emitted from the painting of the instant factory and the boundary line of the instant factory on March 9, 2016, around 00:13, was relocated to the instant factory (hereinafter “instant fire”).

(2) 2) The instant fire suffered damages caused by the fronts of the wall board, machinery, etc., of the ceiling, wall board, machinery, etc. affixed to the instant branch.

3 The report of the Kimpo Police Station which investigated the fire site of this case is indicated as follows:

The point of birth and the point of birth and the point of combustion expansion: A survey conducted on the "D" household, which is the place of birth. ① The sand position panel work at the "D" household, which is the place of fire occurrence, collapses in the front place because the work site of the "D" household, was severely destroyed and collapses at the time of the arrival of the extinguishment site, and some combustions are being expanded to the surrounding work site after the maximum period of birth, ② the "Plaintiff" and the building E adjacent to the "D" household.

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