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(영문) 대구지방법원김천지원 2015.08.07 2014가단8833 (1)
구상금
Text

1. The Defendant’s KRW 100,283,610 as well as the Plaintiff’s annual rate of 5% from April 10, 2014 to August 7, 2015.

Reasons

1. FE in fact of recognition;

A. B, as owners of three factories on the land in the Gyeongbuk-gun, the following drawings, leased one to D, the Defendant, and the Mas&M (hereinafter “E”) respectively, and D, with the trade name of “E” at the above factory (hereinafter “E factory”); the Defendant, a vehicle coloring business (hereinafter “the factory in this case”); Als&M operated an industrial pening business at the above factory (hereinafter “the damaged factory in this case”); and Als&M did not have a separate fenced each of the above factories (hereinafter “the damaged factory in this case”);

B. On February 11, 2013, the Plaintiff concluded a fire insurance contract regarding the instant damaged plant, etc. (hereinafter “instant insurance contract”).

The term of the insurance contract: The Joint Insured on February 11, 2013 to February 11, 2014: Als&M and B insurance objects, and the amount of the insurance coverage - KRW 100 million - All the equipment and appliances (owner known to the owner) - KRW 200 million - All the inventory assets (owner known to the owner): 50 million :

C. On January 29, 2014, at around 20:16, a fire (hereinafter “instant fire”) occurred near the workplace of the instant factory, and the front and the workplace of the instant factory were destroyed severely, and the damage was caused by the fire of the adjacent damaged factory, internal machinery, and E’s factory structures, etc., which were destroyed by the fire.

With respect to damage caused by the instant fire on April 9, 2014 based on the instant insurance contract, the Plaintiff paid insurance proceeds of KRW 32,095,159, and KRW 119,284,739, and KRW 49,187,322 of the amount of loss caused by the fire to the owner of the instant damaged plant, and KRW 200,567,220 of the amount of loss caused by the fire to the S&M.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 12, respectively.

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