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(영문) 서울중앙지방법원 2021.02.16 2020나40923
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The plaintiff and the defendant are insurance companies running the damage insurance business.

B. On August 30, 2017, the Plaintiff entered into an “E insurance contract” containing fire insurance with respect to the Plaintiff’s non-party company, insurance coverage amounting to KRW 50,000,00, and the insurance period from August 30, 2017 to August 30, 2027, with respect to the building 1,547.85 square meters (hereinafter “the instant building”) of the D Maintenance Factory and the chief prosecutor at the time of strike with C (hereinafter “non-party company”) (hereinafter “Plaintiff’s insurance”).

The Defendant entered into a group fire insurance contract with F Co., Ltd., which contains a special agreement between the insured company, insurance amounting to 620,000,000 won for the instant building, and the insurance period from January 17, 2019 to January 17, 2020 for compensating for the value of the second purchase of the instant building due to fire (hereinafter “Defendant Insurance”). D.

On May 2, 2019, at around 10:30, a fire first occurred in the heat exchange machine located in G Dong (Maintenance Factory) among the instant buildings, and approximately KRW 500 square meters of G Dong (Maintenance Factory) among the instant buildings became small (hereinafter “instant fire”). E. With respect to the damage incurred to the instant building due to the instant fire, the insurance amount of the Plaintiff’s insurance and the Defendant’s insurance coverage, insurance amount, insurance amount, damages, and insurance amount to be paid to the insured under each of the instant insurance contracts are as follows: [The insurance amount to be paid according to the Plaintiff is 4,285,95 won which is the smaller of the amount of damage and the insurance amount to be paid, and the insurance amount to be paid pursuant to the Defendant’s insurance amount to be paid is 358,186,498 won (=367,084,80,80,979, 197, 197, 197, 1975).

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