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(영문) 서울중앙지방법원 2018.03.16 2017가단5105206
구상금
Text

1. Preliminary Defendant Taeyang Construction Machinery Co., Ltd.: KRW 94,869,024 and its amount from January 21, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the insurance period from December 1, 2014 to December 1, 2016, concluded a comprehensive insurance contract with the Plaintiff to set up one of the CNC presses or one of the machines installed in the factory located in the factory located in the 24-lane 24-gil, Ulsan-gun, Ulsan-gun, the subject of insurance (hereinafter “instant machine”). The Plaintiff concluded a comprehensive insurance contract with the Defendant to compensate for damage incurred to the subject of insurance.

B. Effic Capital entered into a contract for facility leasing of the instant machinery with respect to the instant machinery between Co., Ltd. (hereinafter “the Plaintiff”), and installed and used the instant machinery at its factory.

C. On September 20, 2016, the primary Defendant Jin-jin purchased 1845 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, which is adjacent to the factory site of the relevant land, and newly constructed a factory on the said land. On September 20, 2016, Defendant Min-gun, the primary Defendant Min-gun (including value-added tax) concluded a contract with the amount of 71,50,000,000 won (including value-added tax) for the construction of additional stone to be installed on the boundary of the site near the site.

Preliminary Defendant Taeyang, as shown in the annex No. 1, was he stored a stone axis and was placed over several floors, was removed from the part where landscaping stone was laid and the soil of the bank thereafter as shown in the annexed drawing No. 2, and then he was he stored an additional stone axis on the existing stone axis, and the back part of the additional stone axis was planned to start up with soil and stone.

E. Around October 5, 2016, a large amount of 266 meters per day due to typhoon chilling on and around October 5, 2016 in the Ulsan mountain area among the malone works of the preliminary Defendant Thaiyang, and even on October 16, 2016, there was a large amount of 60 meters per day on October 16, 201, but the preliminary Defendant Thai did not take any measures to prevent water from spreading into the ground, thereby absorbing a large quantity of water into the soil behind the existing stone axis, and resulting from a increase in soil pressure and water pressure.

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