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(영문) 서울중앙지방법원 2021.02.16 2020나46860 (1)
구상금
Text

The judgment of the first instance is revoked.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with C (hereinafter “C”) of the building, machinery and vehicle transport equipment, insurance price of the building from December 14, 2018 to December 14, 2019; the roof of the general steel-frame structure board D in Busan Metropolitan City, an insurance object, one story E of the Dong factory 395.0891 square meters and the 16.032 square meters (hereinafter “G factory of this case”), among the above E-dong factories and the above F-dong factories, among the office rooms, one square meters of the building, machinery and vehicle transport equipment, insurance price of the building (262,575,00,00, 386,800, 90, 90, 90, 100, 100, 100, 100, 100, 100, 100, 40, 50, 100, 40, 100

B. On the other hand, on January 30, 2018, the Defendant leased the instant G factory to C with a deposit of KRW 20 million, KRW 2,050,000 per month, KRW 2,050,00 per month (payment on the fourth day of each month), and from February 4, 2018 to February 3, 2021. On the other hand, around June 11, 2019, the Defendant leased the instant G factory to C with the term from February 4, 2018 to February 3, 2021. Around June 11, 2019, the Defendant’s 2nd floor of the roof of the instant steel structure board of the Defendant’s general steel structure, located near the Defendant’s H Dong building (hereinafter “instant work room”), caused a fire (hereinafter “the instant fire”) to be a factory of this case and caused considerable damage to KRW 15,896,418,186.

(c)

On October 14, 2019, the Plaintiff paid KRW 13,945,935, which deducted self-paid KRW 1,950,483 from the damages incurred to the parts of machinery inside the instant G factory due to the instant fire.

[Grounds for Recognition] Unsatisfy, Gap's statements, Gap's evidence Nos. 1, 3 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The instant fire that occurred in the instant work room located in the H Dong building’s Ha’s assertion and operation of the Plaintiff was burned to the instant G factory, and the machinery owned by the instant G factory.

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