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(영문) 서울중앙지방법원 2019.07.16 2018가단5196506
구상금
Text

1. The Defendants’ respective Plaintiff KRW 46,500,000 and Defendant B with respect thereto from November 30, 2016 to October 25, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a sales liability insurance contract (hereinafter “instant insurance contract”) with D, an incorporated association (hereinafter “D”).

Policy Holders: D

(b) Insured: A member company belonging to D;

(c) Subject matters of insurance: Security for liability arising in the course of security service for members belonging to D;

(d) Insurance period: From August 1, 2015 to August 1, 2017;

B. Defendant B operated a factory with the trade name “F” (hereinafter “instant factory”) in the Seodaemun-gu, Daegu-gu, and took out KRW 250,00,000 from G Bank around October 28, 2014 from G Bank, and offered eight press machine inside the instant factory (hereinafter “instant machine”) as collateral for transfer to G Bank.

C. After September 2016, Defendant B closed the instant factory, and the G Bank concluded a security service contract for the instant machinery with H Co., Ltd. (hereinafter “H”), a member company of D (hereinafter “H”).

Meanwhile, around 01:00 on September 23, 2016, in collusion with I and J, the Defendants cut the locks, etc. of the factory of this case and intruded into the inside of the factory, and disposed of four of the instant machines without permission.

(hereinafter “instant accident”) e.

H agreed on November 15, 2016 to pay KRW 100,000,00 to G Bank, taking responsibility for neglecting the guard of the instant accident and paying KRW 100,000.

F. On November 29, 2016, the Plaintiff paid KRW 99,000,000,000, excluding KRW 1,000,000 of the H’s self-charges as insurance proceeds under the instant insurance contract, to the G Bank.

G. The Plaintiff collected KRW 35,500,000 from I on December 13, 2017, and KRW 17,000 from J on February 20, 2018 and collected KRW 46,50,000 among the insurance proceeds currently paid.

[Reasons for Recognition]

(a) Defendant B: Confession;

(b) Defendant C: Facts without dispute, entry of Gap 1 through 8, and purport of the whole pleadings;

2. Determination

A. According to the above facts of recognition, the defendants are about the accident of this case.

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