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(영문) 서울중앙지방법원 2015.02.04 2014가단5163614
구상금
Text

1. Upon the primary claim, Defendant Korea Refrigera Co., Ltd.: KRW 1,184,344,887 and 500,000 among them.

Reasons

1. Basic facts

A. On May 31, 2012, the mobilization industry corporation concluded a contract on the use of warehouses with Defendant Korea Refrigerers Co., Ltd. (hereinafter “Defendant Korea Refrigerers”), under which 4th 3,457 square meters out of the ground storage facilities (hereinafter “instant building”) on the ground that she was aware of, and was used as a logistics warehouse, by paying the monthly use fee and management fee for the prescribed monthly use from July 1, 2012 to June 30, 2015.

B. On April 18, 2012, primary meat processing Co., Ltd. entered into a contract for the storage of goods with the Defendant Korea Refrigerants, paying the prescribed storage fees from April 24, 2012 to April 22, 2013, and storing the freezing meat in the instant building.

C. On January 15, 2013, Defendant Korea Refriger concluded a collateral trust agreement on the instant building with Defendant Han Asset Trust Co., Ltd. (hereinafter “Defendant Han Asset Trust”) and accordingly completed the registration of trust in the name of Defendant Han Asset Trust.

Article 9(1) of the aforementioned Security Trust Contract provides that “The Defendant Refriger shall actually continue to possess and use the trusted real estate, and shall bear the actual management of the trusted real estate, such as the preservation, maintenance, repair, etc. of the trusted real estate, and all the expenses incurred therefor.”

In relation to the use of the building of this case, the mobilization industry corporation and the primary meat processing corporation entered into an insurance contract with the Plaintiff with the following contents:

Classification 1 Insurance Contract 2. Fire insurance policyholders of insurance type 2. Insurance policy / Original meat processing insurance period Co., Ltd., Ltd., supra, from August 1, 2012 to August 6, 2013 to August 6, 2013. from March 6, 2014 / the subject matter of insurance / the building covered / the building of 25.79 billion to June 6, 2014 / the physical distribution equipment of KRW 8.61 billion / the amount of KRW 1.039 billion / the amount of KRW 2.00 billion / the amount of KRW 1.039 billion / the amount of KRW 2.2 billion (total 201.6 billion) / the inventory assets of KRW 162 billion / the amount of KRW 500 million / the amount of KRW 500 million

(e)in this case;

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