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(영문) 서울중앙지방법원 2020.10.21 2020가단5078434
구상금
Text

1. The defendant 10,511,497 won to the plaintiff and 5% per annum from February 27, 2020 to October 21, 2020.

Reasons

1. Basic facts

A. C, D, and E are co-owners of G Dong-dong, Hdong, and I consent, each of which is a building on the ground other than F, such as a storage of a mentor, a brick mentor, a mentor, a brick, a mentor, a brick, a string roof, a single-story roof, and two lots of temporary buildings on the ground other than F.

J et al. (J et al. conducted a full reconstruction and extension in June and July 2005).

On May 20, 2004, the Defendant entered into a lease agreement with C, etc., about KRW 38,00,000, monthly rent of KRW 3800,000, and KRW 3,800,000 among the above buildings (hereinafter “the instant lease agreement”). The Defendant engaged in the processing and manufacturing of metals with the trade name “L” from the above leased premises, and the said lease agreement was continuously renewed thereafter.

C. On October 5, 2004, M entered into a lease agreement with C, etc. on a deposit of KRW 15,000,000, monthly rent of KRW 15,500,00 with respect to the leased portion of this case leased by the Defendant, such as the shape of the attached Form No. 15, with respect to the foregoing building (hereinafter “O”) and about approximately 128 square meters, among the foregoing buildings (hereinafter “the leased portion of this case, such as the shape of the attached Form No. 15”). The lease agreement was continuously renewed thereafter.

On August 9, 2019, around 01:50, a fire occurred and there was a burning of K, N, P, and Qhos, such as the shape of the annexed ground plan.

(hereinafter “instant fire”). E.

Damage to C, etc. caused by the instant fire is KRW 125,741,356.

F. On May 30, 2019, the Plaintiff concluded an insurance contract with C on the instant building with C as the subject matter of insurance, and paid C the amount of KRW 40,00,000 on November 27, 2019, and KRW 35,492,629 on February 26, 2020 as insurance proceeds (an amount divided according to double insurance), the amount related to K is KRW 18,96,68, and the amount related to the remainder is KRW 56,525,941.

[Reasons for Recognition]

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