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(영문) 서울중앙지방법원 2019.10.02 2018가단5274246
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 31,278,507 won and 5% per annum from September 13, 2018 to October 2, 2019.

Reasons

1. Basic facts

A. On December 7, 2017, the Plaintiff is an insured worker D, from December 7, 2017 to December 7, 2020 between D and D, and the insurance period from December 7, 2017, and from Si/Gunsan-si (Simsan Si F) in Gunsan-si) where the said fire accident occurred, and the Plaintiff is a building (a prefabricated-si building 125 square meters on the ground of the prefabricated-si Panel Location Panel; hereinafter referred to as “instant building”).

“G’s insurance contract (hereinafter “the instant fire insurance contract”) to ensure that the amount of the insurance coverage is limited to KRW 100,000,000.

(2) Defendant B, from November 2014, leased the instant building from D and operated a restaurant with the trade name “H” at this place.

B. Defendant C Co., Ltd. (hereinafter “Defendant C”)

(1) On November 10, 2017, between Defendant B and the insured, from November 10, 2017 to November 10, 2020, the term of the insurance contract is from November 10, 2017, and at the same location, 50,000, facility 20,000,000, and household fixtures items 20,000,000, and one insurance contract (hereinafter referred to as the “instant comprehensive insurance contract”) with the content that guarantees within the scope of KRW 3,00,00,00,00 for goods/ semi-finished goods when a fire accident occurs in the location of the Si/Gun/si.

(2) In light of the above legal principles, the Defendant’s liability for fire liability as a security stipulated in the General Terms and Conditions applicable to the instant comprehensive insurance contract is stipulated as follows: “The amount of damages incurred by a fire accident that occurred for the purpose of the insurance to the extent of KRW 500,000,000 due to the burden of statutory liability for damages on the other’s property or body.”

2. Article 3 subparag. 4 of the Fire Liability Guarantee Act (hereinafter “instant exemption provision”) provides that “where the insured suffers loss from the property owned, used, or managed, it shall be deemed that the insured bears liability to compensate for the loss incurred to the person who has a legitimate right to the property, the loss that the insured sustained shall not be compensated.”

(c)the occurrence of a fire; and

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