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(영문) 서울중앙지방법원 2020.07.15 2019나70164
부당이득금 반환
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,482,618 as well as to the plaintiff on February 1, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party's position 1) the warehouse of the first floor of the steel framed roof D and E on the ground owned by Gwangju City D and E (hereinafter "the warehouse of this case").

Fdong with a total floor area of 396 square meters (hereinafter “Plaintiff’s warehouse”).

(2) The Plaintiff and G used Hdong of the size of 347.6 square meters in the immediate adjacent to the Plaintiff’s warehouse. The boundary between the Plaintiff and the two warehouses used by G was established with a sandd position panel, and the Plaintiff used the Plaintiff’s warehouse for the purpose of storing polyethyl semi-finished products. (2) The Defendant is an insurer who concluded an automobile insurance contract with G with respect to the I vehicle (hereinafter “Defendant vehicle”).

(hereinafter “instant insurance contract”). (b)

On August 28, 2018, when a fire accident occurred, at around 08:58, a fire not attributable to the cause of the instant warehouse (hereinafter “instant fire”) occurred, the instant warehouse was disintegrated and the neighboring factory buildings were destroyed. The Defendant’s vehicle, which was parked in front of the instant warehouse due to the fire, also suffered damage, such as changing the back of the instant vehicle into the rear side.

C. On September 20, 2018, the Defendant paid 4,658,200 won, deducting 200,000 won of self-charges from the total amount of damages caused by the instant fire from the insurance proceeds to the insured G in accordance with the instant insurance contract.

1) In full view of the statements, etc. by the relevant authorities, it is reasonable to view that the first generation was made on the part of the Plaintiff warehouse located near the boundary line of the instant warehouse. However, in view of the field situation at the time of the absence of the arguments as well as the statements by the relevant parties, it is presumed that the first generation was made on the instant warehouse at the time of the absence of the arguments, but, in regard to the specifications of the instant building, the fire was collapse in the process of severe and fighting, and the collapse in the process of extinguishment.

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