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(영문) 부산지방법원 2017.01.19 2016가합41138
보험금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from October 28, 2015 to July 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company holding the 3rd floor factories and offices and dormitories on the ground B of Gangseo-gu Busan Metropolitan City (hereinafter collectively referred to as "the plaintiff's building"), and there are two-story factories (hereinafter referred to as "the factory of this case"), offices, boiler rooms, etc. owned by D (hereinafter referred to as "D") in the neighboring Gangseo-gu Busan Metropolitan City.

B. On October 28, 2015, around 05:33, a fire occurred in the instant plant (hereinafter the instant fire) and the Plaintiff’s building was burned due to the said fire.

As a result, the Plaintiff suffered damages equivalent to the total amount of KRW 2,960,157,710, such as loss of factory buildings, machinery, facilities, office fixtures, etc.

C. On March 28, 2016, the Plaintiff filed an application with D for payment order claiming payment of KRW 2,304,344,550, which deducts KRW 655,813,160 of insurance proceeds of the insurance contract to which the Plaintiff subscribed from the above amount of damage, and the above payment order was finalized on April 16, 2016.

On June 26, 2015, the Defendant entered into a comprehensive X-ray insurance contract (hereinafter referred to as “first insurance contract”) with the first floor of the instant factory as the subject matter of insurance, namely, the fire water liability security of KRW 500 million with respect to inventory property, facilities, etc. on June 26, 2015. ② On February 11, 2015, the Defendant entered into a two-story of the instant factory, office building, and boiler room as the subject matter of insurance (hereinafter referred to as “second insurance contract”).

E. The Plaintiff, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “T&M”), E, and Hyundai Marine Fire & Fire Insurance Co., Ltd. (hereinafter “Mo sea”) filed a lawsuit against the Defendant respectively against the claim for the payment of insurance proceeds from the instant fire. The Defendant, pursuant to the latter part of Article 487 of the Civil Act on August 31, 2016, designated KRW 50 million of the insurance proceeds of the instant first insurance contract as the Plaintiff, Samsung Fire, E, and Hyundai Sea and deposited the instant insurance proceeds with the Seoul Central District Court No. 20109, supra.

[Ground of recognition] A.

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