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(영문) 서울서부지방법원 2016.12.07 2015가단247199
구상금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 22,887,307 and as a result, from November 24, 2015 to December 7, 2016.

Reasons

Facts of recognition

On September 26, 2013, B and the Defendant concluded a contract for the entrusted operation of a A apartment childcare center (hereinafter referred to as “contract for the entrusted operation of a childcare center in this case”) with the content that B shall operate the A apartment childcare center (C childcare center; hereinafter referred to as “instant childcare center”) of 127.132 square meters (hereinafter referred to as “instant childcare center”) which is the common use area of A apartment on the first floor of A apartment, from October 1, 2013 to September 30, 2016.

On December 1, 2014, the council of occupants' representatives entered into a business liability insurance contract (hereinafter referred to as the "instant business liability insurance contract") with Defendant Hyundai Marine Fire Insurance Co., Ltd. and the insured, the council of occupants' representatives, the subject matter of insurance, the “A apartment (the owner and occupant of the type of purchase),” the limit of physical compensation, the “100,000 won per accident,” and the “compensation for facilities (including parking lots) in an apartment” under the special article.

On December 23, 2014, Defendant Hyundai Marine Fire Insurance Co., Ltd. and the insured “A Apartment Apartment Council,” the subject matter of the insurance, “All of the 13-story apartment buildings and auxiliary buildings, all of the equipment, such as house equipment, power generation equipment and electric equipment within the ancillary building,” and the housing fire insurance contract (hereinafter “instant housing fire insurance contract”) with “30,000,000 won per accident” as the maximum amount of compensation.

On February 23, 2015, the Plaintiff and B set the coverage period for the child care center of this case from March 1, 2015 to February 29, 2016 and set the coverage period for the child care center of this case as the compensation limit of KRW 60,00,000 in order to guarantee the damage of internal facilities due to fire.

AB concluded the agreement.

On August 8, 2015, around 02:21, at A Apartment No. 101, a fire occurred in the escape guide, etc. of an underground parking lot, and as such, B caused the damage of internal equipment in the instant childcare center due to the destruction of internal equipment in the instant childcare center, and caused the damage of KRW 72,556,290.

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