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(영문) 서울중앙지방법원 2019.03.14 2018가단5112102
구상금
Text

1. The Defendants: (a) KRW 165,881,201 for each Plaintiff; and (b) 5% per annum from January 25, 2017 to March 14, 2019 for each Plaintiff.

Reasons

1. Facts of recognition;

A. Around July 1, 2012, Nonparty D Co., Ltd. (hereinafter “D”) entered into a lease agreement with the Defendant Co., Ltd., under the name of F, who was in charge of the operation of D, to the end of July 1, 2012 from July 1, 2012 to June 30, 2017.

Defendant B (hereinafter “Defendant B”) received delivery of the instant factory building at the time of the conclusion of the contract, and processed and recycled the waste styptyp within that scope.

B. D is a company that runs the business of processing land, synthetic resin, etc. and owns a neighboring general steel framed building of 264.4 square meters adjacent to the factory building of this case, a light steel framed building of 82.8 square meters adjacent thereto, and a light steel framed building of 462 square meters adjacent thereto, and a light steel framed building of 462 square meters adjacent thereto (hereinafter referred to as "three buildings, such as the above A, C, and H, combined with three buildings of 13 square meters adjacent thereto"), and uses the above buildings as its workplace.

C. On December 29, 2015, the Plaintiff, as an insurance company, concluded a fire insurance contract with regard to D and the instant factory building and the instant neighboring factory building, setting the insurance period as one year.

Meanwhile, Defendant C Co., Ltd (hereinafter “Defendant C”) concluded a liability insurance contract with Defendant B regarding the insurance period for the instant factory building from October 23, 2015 to October 23, 2020.

2016. 10. 1. 01:58경 이 사건 공장건물에서 화재가 발생하여 적재된 폐스티로폼과 기계에 불이 붙어서 인근 도로상에서도 펑펑 터지는 소리가 들렸고, 이후 불길이 30미터 이상 높이로 치솟아 연소가 진행되면서 이 불길이 이 사건 인근 공장건물들로 빠르게 옮겨 붙었다.

As a result, the building of this case is completely burned and collapsed, and equipment, machinery, raw materials, etc. are considerably damaged, and it is within the neighboring factory building of this case.

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