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(영문) 서울중앙지방법원 2016.08.25 2015가단5331469
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 20, 2005, the Plaintiff loaned KRW 200 million to A. As security for the said loan, the Plaintiff obtained the registration of the establishment of a mortgage with respect to the 406.3 square meters of the steel-frame No. 2 neighborhood living facilities of the 2nd-class neighborhood living facilities of the 2nd-class neighborhood living facilities of the same Doducheon-si, Dongcheon-si, B, as security for the said loan.

B. From May 2013, A opened a restaurant with the trade name “C” in the above building, and entered into a fire insurance contract with the Defendant on June 7, 2013 by setting the movable property, facilities, and fixtures in the above building and restaurant as the subject matter of insurance. The key contents are as follows.

Major contents of the fire insurance contract and the insured: A insurance period: coverage at the time of occurrence of damage due to fire on June 7, 2013 to June 7, 2018 - Compensation for actual damage within the limit of KRW 200 million which is the subscription amount - Compensation for actual damage within the limit of KRW 5 million which is the subscription amount - Compensation for actual damage within the limit of KRW 120 million which is the subscription amount - Compensation for actual damage within the limit of KRW 120 million which is the subscription amount - Suspension of store closure within the limit of KRW 50,000,000 which is the subscription amount - Compensation for actual damage

C. On January 21, 2014, around 01:57, a fire occurred in the floor structure in front of the kitchen located in the above restaurant, and a part (8 points, such as television, etc.) of movable property (8 points) and a building located inside the above restaurant (300 square meters in size of the room, 300 square meters in size) were destroyed. A, a mixed resident in the second floor of the above restaurant and the part of the lodging room, was damaged by a fire, such as a balpting the right alley, etc., out of the second floor. D.

Accordingly, the Plaintiff filed an application for attachment and assignment order of the claim amount based on the above collateral security (hereinafter “mortgage”) with the Jung-gu District Court 2014TTT7911, which is the amount claimed as KRW 193,920,400, under the subrogation. On April 28, 2014, the above court held A as the Defendant of the obligor A and the third obligor as the Defendant of the fire insurance amount to be paid by A as the Defendant.

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