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(영문) 서울중앙지방법원 2020.08.21 2019나45410
구상금
Text

1.The judgment of the first instance, including a claim for exchange change in this Court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. (1) On June 27, 2017, D, a lease contract, etc. (1) determined that D shall lease the instant apartment H from July 10, 2017 to the head of the headquarters with respect to the F apartment G Hho-dong (hereinafter “instant apartment H”) located in Gwangjubuk-gu, Gwangju (hereinafter “the head of the foregoing headquarters”) and the Defendant, as to the F apartment G Hho-dong (hereinafter “instant apartment H”), owned by D, KRW 30,00,000, and the period from July 10, 2017 to July 9, 2019. However, the occupancy is the Defendant, but D, upon the termination of the said lease, paid the deposit to the head of the said headquarters, and at the same time, the Defendant entered into a contract with the head of the said headquarters to deliver the instant apartment H to D (hereinafter “instant lease contract”).

On the same day, the head of the headquarters concluded a sublease contract with the defendant on the same day.

(2) Around that time, the Defendant resided with the wife C and his children after moving into the instant apartment site H.

B. (1) On December 4, 2017, the Plaintiff entered into a housing fire insurance contract with the insurance period from December 5, 2017 to December 5, 2018 (hereinafter “the instant fire insurance contract”) with respect to the F apartment management office and the apartment located in Gwangjubuk-gu, (hereinafter “instant apartment”) with the 480 household units, attached facilities, and household housing located in the apartment.

(2) The fire insurance contract of this case does not specify the insured separately, and the “owner for insurance purposes” column of the insurance policy is indicated as the “F apartment management office” column.

(3) The scope of damages under the instant fire insurance contract is “damage caused by fire, wind and flood leakage, and sprinkler leakage,” and the insurance premium seems to have been paid by the occupants and users of the instant apartment.

C. A fire occurred on December 31, 2017, around 02:00, around 02:00, the apartment of this case was destroyed within the H, and due to the fire prevention, the apartment of this case H.

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