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(영문) 수원지방법원평택지원 2014.08.22 2013가합7808
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 141,258,945 as well as 5% per annum from June 18, 2013 to August 22, 2014.

Reasons

1. Basic facts

A. B) On January 17, 2011, 201, the term “B” is as follows: (a) the first class neighborhood living facilities of the first class neighborhood living facilities of the second class neighborhood living facilities of the second class neighborhood living facilities, and the second class neighborhood living facilities of the second class neighborhood living facilities, and 405.48 square meters of the second class 586.19 square meters of the second class (hereinafter “instant building”).

2) On December 15, 2010, Defendant A and his/her father leased part of the first floor of the instant building to Defendant A and his/her father, respectively, and Defendant A, at this place, operated the Korean Pharmacopoeia and D, respectively.

3) On September 28, 2011, B leased part of the second floor of the instant building to G, and G operated a H dental hospital at this place. (b) Defendant A is the Defendant Hyundai Marine Fire Insurance (State) around February 23, 2011 (hereinafter “Defendant Company”).

B) Between February 23, 2011 and February 23, 2016, the insurance period was from February 23, 2011 to February 23, 2016, and concluded a fire-fighting liability insurance contract with the content that the insurance amount was KRW 100 million as the E-Ba Bank (hereinafter “instant insurance contract”).

(C) Around January 31, 2012, the Plaintiff entered into an insurance contract with G with the content that the insurance period is from January 31, 2012 to January 31, 2017, for compensating for losses incurred by fire accidents in the facilities, equipment supplies, and movable property within the insurance coverage amount of KRW 100,000,000,000,000,000,000,000. (hereinafter “instant second insurance contract”).

(D) On February 6, 2013, around 23:56, a fire occurred in the Embane, and the facilities, fixtures, fixtures, movables, etc. inside the instant building, including H dental hospitals, were destroyed (hereinafter “instant fire”).

E) On May 14, 2013, and June 17, 2013, the Plaintiff paid KRW 247,083,277 as the insurance money of the instant secondary insurance contract to G on June 17, 2013. F. According to the result of the appraisal according to the decision of preservation of evidence (Seoul District Court Decision 2013Kaga195 and the result of the appraisal commission to appraiser I of the instant court, G was due to the instant fire.

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