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(영문) 서울남부지방법원 2021.01.29 2019나62756
구상금
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On March 25, 2017, the Plaintiff is an insurer who entered into a fire insurance contract (hereinafter “fire insurance contract”) with respect to C and Daegu Northern-gu D ground buildings 224 square meters (hereinafter “the instant case No. 1”) and machinery, etc. within the building; on May 12, 2017, E Co., Ltd. (hereinafter “E”); and on May 2, 2017, the building located in Daegu Northern-gu (hereinafter “E”) with respect to the machinery, fixtures, facilities, etc. within the building, respectively.

2) On March 2, 2017, the Defendant: (a) leased to C the string string of the instant building and the string string string 18,000,000, monthly rent of KRW 1,800,000, and the period from March 10, 2017 to March 10, 2019; and (b) operated the string and water string manufacturing business in G with its trade name.

B. 1) The location of the instant case No. 1, the instant case No. 2, the instant case No. 2, and the HN2 is as follows. On December 4, 2017, a fire, the cause of which could not be known, as of December 4, 2017, was destroyed by some of the instant building No. 1, which was stst string, and the instant building No. 2, and the machinery, equipment, etc. in the instant building, were destroyed as follows (hereinafter “the instant fire”). As a result of the damage assessment, the instant damage amount was calculated as KRW 114,724,93, and KRW 2648,078,804, as the net net damages amount of the instant case No. 1 and machinery due to the instant fire was calculated as KRW 14,724,933, and KRW 2,678,804,04.

Accordingly, pursuant to the fire insurance contract No. 1 of this case, the Plaintiff paid KRW 67,422,058 to C, and paid KRW 1,635,595,592 to E in accordance with the fire insurance contract No. 2 of this case.

(c)

As a result of the investigation into the fire cause of this case, the Daegu Northern Fire Station, the Daegu Northern Police Station, and the National Science Investigation Institute concluded that the cause of the fire of this case was “U.S.” for the following reasons.

(i)..

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