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(영문) 서울고등법원 2018.07.17 2018나2006738
손해배상(기) 등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of manufacturing, selling, etc. non-ferrous metals, and is a factory located in Manyang-dong-gu, Manyang-si (hereinafter “the Plaintiff factory of this case”) from April 201.

(2) From the perspective of the Plaintiff’s factory, C is a person who owns and occupies the land listed in paragraph (1) of the attached Table 1 [Songyang-si F; hereinafter “instant land”) and the buildings listed in paragraph (2) of the attached Table 2 of the ground (hereinafter “D factory of this case”) located immediately adjacent to the Plaintiff’s factory, and engages in manufacturing and selling the manufacture and sale of protected films, EVA films, proteA films, protem films, protem films, etc. in the aforementioned factory.

3) On November 25, 2013, the Defendant entered into a fire insurance contract between the policyholder and the insured C with the following content (hereinafter “instant fire insurance contract”).

B) The insurer that entered into the instant fire insurance contract between C and the Defendant is the insurer that entered into the instant fire insurance contract between C and the Defendant: ① Insurance premium: KRW 11,591,500 on November 26, 2013; ② Insurance period: From November 26, 2013 to November 16, 2015; ③ All of the instant D factories (including moving, non-driving, and sdong) and machinery and apparatus inside the weather; ④ Security matters: Fire damage with the insurance amount of KRW 1,248,261,70 on the said subject matter; and fire damage liability with the amount of insurance amount of KRW 300 million on the insurance amount of the instant subject matter (hereinafter “instant special terms and conditions”); and the aforementioned contents were stated in the insurance policy (hereinafter “instant insurance policy”).

2) The main contents of the fire insurance general terms and conditions applicable to the instant fire insurance contract and the instant special terms and conditions are as follows.

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