(영문) 서울중앙지방법원 2015.10.01 2015가단5152635

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(영문) 서울중앙지방법원 2015.10.01 2015가단5152635

손해배상청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 17, 2012, Hayland Pream Co., Ltd. (hereinafter “Hayland”) entered into a contract with the warehouse operator (hereinafter “Korea Refrigerator”) on the storage of his/her own goods on the 4th floor above the land (hereinafter “instant warehouse building”) and, in return, keep his/her goods in the warehouse facilities on the 19th floor of the 221-5 and the 2nd floor of the 4th floor operated by the Korea Refrigerator (hereinafter “Korea Refrigerator”) and, in return, keep his/her goods in the warehouse facilities in the instant warehouse.

B. Around October 2008, the Korea Refrigerants the instant warehouse building from the time when the instant warehouse building was newly constructed. Around February 27, 2009, the Korea Refrigerants concluded a trust contract with Korea Refriger Bank and transferred the ownership of the instant warehouse building to the said bank. On January 15, 2013, the Korea Refrigerants concluded a real estate security trust contract with the Plaintiff (the former Refriger Trust is one stock company) for the instant warehouse building, and completed the registration of ownership transfer with respect to the instant warehouse building in the name of the Plaintiff on the same day.

C. On January 23, 2013, Ireland entered into a fire insurance contract with the Defendant with respect to the inventory assets of the Haland Food, which were kept in the warehouse of this case, with the insurance period from January 23, 2013 to January 23, 2014, with respect to the inventory assets of the Haland Food, with the insurance amount of KRW 3,47,197,662.

On May 13, 2013, around 01:10, at the vicinity of the second floor of the warehouse building of this case, a cause fire was caused, and the fire was rapidly spread to the entire warehouse building of this case, and the fire was caused by the fire that all the internal stored goods, including the inventory assets of the warehouse building of this case and the Haland Food, were destroyed (hereinafter “the fire of this case”).

E. The defendant suffered from the fire of this case Haland Food.

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