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(영문) 서울중앙지방법원 2018.11.15 2015가단5182629
구상금
Text

1. Defendant B’s KRW 4,239,456 as well as 5% per annum from April 16, 2015 to November 15, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. (1) On November 18, 2014, the Plaintiff entered into a fire insurance contract (hereinafter “instant insurance contract”) with the Plaintiff’s Intervenor on the part of the Plaintiff with the content that the insurance coverage period from November 18, 2014 to November 18, 2015, with respect to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Commercial Building (hereinafter “instant commercial building”), the amount of the insurance coverage is KRW 200 million, the amount of the fire liability, KRW 50 million, and KRW 500,000,000,000,000,000,000,000,000).

(2) Defendant B operated “E” by leasing No. 10 among the instant commercial buildings from the Plaintiff’s Intervenor, and the Defendant’s Intervenor operated “F” by driving approximately half of the above No. 10 from Defendant B.

(3) On August 21, 2014, Defendant B entered into a fire insurance contract with Defendant Samsung Fire & Marine Co., Ltd. (hereinafter “Defendant insurance company”) that covers the damage of fire (in proportion to a building 18 million won, proportional 60 million won in machine, proportional 12 million won in facility, proportional 6 million won in movable property, and proportional 6 million won in movable property) and the third party’s liability for damages (in proportion to movable property, 10 million won in large property, 10 million won in large property, 10 million won in large property, and 6 million won in special agreement on fire liability security).

B. On January 7, 2015, a fire occurred at the workplace of Defendant B and Defendant’s assistant intervenor around 02:44.

As a result, the workplace was boomed, and the flame was destroyed by some adjacent buildings that were spread through the shopping mall of this case.

(hereinafter “instant fire”). C.

The Plaintiff’s payment of fire insurance money to the Plaintiff’s Intervenor’s Intervenor as insurance money under the instant insurance contract following a damage assessment, and the same year as KRW 12,00,000,000 on February 10, 2015.

4. 16. 16. 16. 16. 451,550 Won 28,451,550. Of them, the amount of damages for the leased building portion of Defendant B is KRW 8,478,912, and the amount of damages for the non-leased building portion is KRW 19,972,638.

As a result of the fire identification of relevant agencies, the Seoul Fire Prevention Headquarters is to be a fire investigation team.

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