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(영문) 서울중앙지방법원 2016.11.09 2015가단5127684
구상금
Text

1. The Defendant’s KRW 31,00,000 as well as 5% per annum from July 15, 2014 to April 21, 2015 to the Plaintiff.

Reasons

1. Basic facts: (i) Nonparty A owned the building on the 4th floor of reinforced concrete manufacturing table B, 90-1092, and cement block lubrid roof underground room, and leased the remainder of the building to another building, while one himself resided on 3 floors; and (ii) Nonparty A leased 53 square meters of the building on November 15, 2007, a building on the 1st floor of 105.38 square meters of the building on the 1st floor of 105.38 square meters of the building on the 1st floor on the 1st floor of 2007 and operated a business such as newspaper delivery.

on the other hand, A entered into an insurance contract with the Plaintiff on March 15, 2011 with the following contents in order to secure property damage caused by fire, etc.:

Insurance types; insurance types; as carbonless Samsung Fire Property Insurance (101.1) policyholders/insured; each A insurance subject matter and location; the insurance period of this building; the insurance coverage amount from March 15, 201 to March 15, 2016; 30 million won fire security/gold 300 million won x 10:40 on April 27, 2014, a fire occurred in the nearby area of this building, and damage was inflicted on the first floor of C, etc.

Accordingly, on July 14, 2014, the Plaintiff paid KRW 31,000,000 to the Plaintiff as a claim for insurance money of A.

Applicant C succeeded to all rights, obligations and property of C on April 27, 2015 in accordance with Article 4 (2) of the Addenda to the Act on the Promotion of Newspapers, Etc. after the registration of dissolution was completed on December 28, 2009.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 9 (including virtual number), and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the accident at issue occurred from a show, which was owned by C, left before the entrance of the building leased, and thereby, C is unable to fulfill the duty to return the leased object (this part) and is liable to compensate A for damages due to nonperformance under Article 390 of the Civil Act against the owner of the building at issue under the lease contract. C is the owner or user of the building at issue, who is a structure, and caused damage to A due to a shock included therein, pursuant to Article 758 of the Civil Act.

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