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(영문) 서울중앙지방법원 2014.10.17 2013나45197
구상금
Text

1. All appeals filed by the Plaintiff, the Defendant A, and the Defendant East Fire Insurance Co., Ltd. are dismissed.

2. The appeal costs.

Reasons

1. Facts of recognition;

A. The status of the parties (1) Defendants B, C, D, and E is the owner of the cement block structure, 208 square meters of the cement block structure, string roof, and one story (hereinafter “instant factory”). Defendant A leased the instant factory from the said Defendants to engage in the business of treating Aminium surface with the trade name “G” at the same time, and Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) entered into a fire insurance contract with Defendant A.

(2) Nonparty H leased the Plaintiff’s first floor adjacent to the instant factory from J and operated the automobile maintenance plant in the name of “K,” and the Plaintiff is an insurance company that entered into a fire insurance contract with H.

B. (1) As between March 8, 201, the Plaintiff concluded a fire insurance contract with the H, setting the total purchase amount of KRW 370,000,000 ( KRW 150,000,000,000,000,000,000, which was 150,0000,000,000 facilities for factories and offices) and the insurance period from April 8, 201 to April 8, 2012.

(2) On May 20, 2010, the Defendant Company concluded a business partnership insurance contract (hereinafter “instant insurance contract”) with respect to the instant factory building and the machinery, facilities, and movables in the instant factory, which are the Defendant Company’s workplace, with the total insurance coverage amount of KRW 100,000,000 ( KRW 30,000,000, KRW 3000, KRW 3000,000, KRW 1000, KRW 1000,000, KRW 1000,000, and KRW 100,000,000, and the insurance period from May 20, 2010 to May 20, 2015.

C. The occurrence of the instant fire accident and the Plaintiff’s payment of insurance proceeds (1) around 05:30 on October 17, 201, the fire occurred at the central level of the inside of the instant factory, and the fire occurred to the “K” building adjacent to the instant factory, which was called the “K” building.

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