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(영문) 서울중앙지방법원 2017.08.23 2016가단5266548
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Lease contract between B and Defendant A 1) Building 4 above ground 1, south-gu Incheon Nam-gu, Incheon (hereinafter “instant building”)

(2) On March 16, 2015, Defendant A leased part of 363 square meters of the first floor of the instant building (hereinafter “instant leased object”) from B, and used it as a factory, office, etc. by setting lease deposit money of KRW 30 million, monthly rent of KRW 330,000,000, monthly rent of KRW 3300,000, and April 10, 2015, respectively.

B. Each insurance contract between the Plaintiff and the Defendants (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff on November 2014, 2014, with the term of insurance from November 21, 2014 to November 21, 2015, the insured B, the insured amount of insurance amount of KRW 1,643,613,90 ( KRW 1,241,823,900 and machinery and appliances of KRW 401,790) as the subject matter of insurance (hereinafter “instant insurance contract”).

(2) On February 2013, Defendant A entered into an insurance contract with Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) with respect to the leased object, etc. of this case from February 20, 2013 to February 20, 2018, the insured Defendant A, the insured amount of KRW 671 million (the insured amount of the leased object of this case KRW 231 million).

C. 1) However, a fire on September 13, 2015, which is within the insurance period of each of the above insurance contracts (hereinafter “instant fire”) is deemed as the fire around 19:00 (hereinafter “instant fire”).

(2) The fire inspection results in the Incheon Fire Agency on the instant fire fighting, consisting of the following: (a) the leased object, the second floor, the third floor and the second floor of the instant building, the electronic parts owned by the third floor and B, and the machinery and equipment, etc. were destroyed by fire or caused damage to KRW 365,303,927.

① At the time of the occurrence of the instant fire, the workers working in the instant building did not leave the building, and the athletes, who were in the process, were on the rooftop of the instant building.

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