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(영문) 서울중앙지방법원 2015.12.09 2014가단5272198
구상금
Text

1. The Plaintiff:

A. Defendant A: (a) KRW 23,707,896 and for this, KRW 5% per annum from October 9, 2013 to September 15, 2014; and (b) September 2014.

Reasons

1. Facts of recognition;

A. On December 5, 2012, the Plaintiff concluded a fire mutual aid contract (hereinafter “the fire insurance contract of this case”) with the purport of compensating damage to the subject matter of mutual aid within the scope of its subscription amount in cases where the subject matter of mutual aid was damaged due to a fire, by setting a period of mutual aid from December 5, 2012 to December 5, 2015 (hereinafter “instant building”).

B. On April 10, 2013, B leased the first underground floor among the instant buildings to Defendant A by setting the lease deposit amount of KRW 35,000,000, monthly rent of KRW 300,000, and the lease term of KRW 10,000 from April 10, 2013 to April 9, 2014, and Defendant A operated a singing (hereinafter “instant singing”) on the first underground floor above.

C. On June 28, 2013, Defendant A entered into an insurance policy (hereinafter “instant comprehensive insurance contract”) with the policyholder and the insured, including (i) fire damage insurance, etc., with the content of receiving compensation within the insurance coverage amount, (ii) LIGWBBBC (hereinafter “instant comprehensive insurance contract”) between June 28, 2013, when damage to the instant karaoke building occurs due to fire, etc., taking the insurance coverage amounting to KRW 50,00,000, and the insurance coverage amount into account from June 28, 2013 to June 28, 2023.

After that, around 18:00 on July 11, 2013, the fire caused by the instant singing room (hereinafter “the instant fire”) occurred, and the inside of the instant singing room was handed over, and the fire was spread to outside stairs and corridors of the instant singing room, and part of the said stairs and corridor was destroyed.

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