logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.09 2016가단5257957
구상금
Text

1. Defendant B’s KRW 128,259,317 and KRW 54,151,464 among the Plaintiff and KRW 74,107,853 among the Plaintiff.

Reasons

1. Basic facts

A. On September 24, 2015, the Plaintiff is a party’s position 1) workplace E located in Ansan-si, the members D 1, 1014, and 1018 of the members of Ansan-si (hereinafter “instant damaged shop”).

As to the insurance period, from September 24, 2015 to September 24, 2022, the insured F, and the subject matter of insurance are the insurers who concluded an insurance contract “NEW carbon” by setting the insurance period as movable property and buildings, facilities, fixtures, and movable property. (ii) Defendant A is the insurers who concluded an insurance contract with the F, the subject matter of insurance as “NEW carbon.”

A. A. A person who runs a wholesale and retail business related to automobiles under the name of “G” by leasing a store of 1021 located immediately adjacent to the place of business indicated above (hereinafter “instant store”). Defendant B is the owner who acquired the instant store on September 21, 2012.

(Defendant B entrusted the instant store to H on September 21, 2012, but later the said trust contract was cancelled as a fraudulent trust).

On February 22, 2016, a fire occurred inside the ceiling of the instant store on February 22, 2016, and the fire was spread due to the decline of the floor. The fire was destroyed by the building, facilities, fixtures, etc. of the instant store, and the said building, facilities, fixtures, etc. were destroyed by the damaged store.

(hereinafter “instant fire”). C.

The Plaintiff paid KRW 128,259,317 in total, including KRW 54,151,464, and KRW 74,107,853, Jun. 29, 2016, the Plaintiff paid KRW 128,259,317 (as to the part of the building of the damaged store, the Plaintiff subscribed to double insurance with NHFF No. 1 insurance, and thus, paid proportionally in proportion to the insurable value).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 3 to 5, Eul evidence 8, Eul's video and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the fire of this case is safe in the vicinity of the tent of this case, which is a structure.

arrow