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(영문) 서울남부지방법원 2020.10.16 2019나66338
구상금
Text

The remainder of the judgment of the first instance, excluding the part finalized by the judgment of remand, shall be changed as follows:

Reasons

1. Scope of trial of this court after remand;

A. The Plaintiff filed a claim against the Defendants for reimbursement related to insurance money paid to D and E respectively, and the first instance court rendered a judgment citing part of each of the above claims for reimbursement, and the Defendant appealed all of the judgment of the first instance court against the Defendant.

B. The court prior to the remand rendered a judgment revoking each part of the part against the Defendant by partially citing the Defendant’s appeal, and the Plaintiff appealed all of the part against the Plaintiff in the judgment prior to the remand.

C. Since the Supreme Court partially accepted the Plaintiff’s appeal and reversed the part of the claim for reimbursement related to insurance money paid to D among the part against the Plaintiff prior to remand and remanded this part of the case, the part of the claim for reimbursement related to insurance money paid to E among the part against the Plaintiff prior to remand was already determined and excluded from the scope of the judgment of this court.

Therefore, among the part against the defendant in the judgment of the court of first instance, only the claim for indemnity related to insurance money paid to D falls under the scope of the judgment of this court.

2. Basic facts

A. On October 15, 2014, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with D with respect to the building and machinery of the factory owned by D as the insured (hereinafter “the subject matter of the instant insurance”) totaling 31,186,797 won (i.e., KRW 271,149,675 + KRW 40,037,122), total insured amount of KRW 23,476,000 (=186,270,000 + + KRW 47,206,000).

B. On October 8, 2015, around 20:57, a fire occurred in a “H” plant owned by the Defendant located in Ulsan-gun G located in Ulsan-gun (hereinafter “instant fire”). The fire was destroyed by a factory building, machinery, equipment, fixtures, strings, strings, etc., by setting up the aforementioned factory and a factory operated by D operated by D located in an adjacent I located in the said factory.

C. The total amount of damages caused by the instant fire is total 353.

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