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(영문) 서울중앙지방법원 2020.07.17 2019나53206
구상금
Text

1. Of the judgment of the court of first instance, the Plaintiff KRW 16,073,223 against the Defendant and its related thereto from April 8, 2019 to July 17, 2020.

Reasons

1. Facts of recognition;

A. From July 18, 2017 to July 18, 2020, the Plaintiff concluded a comprehensive insurance contract (from the next day to July 18, 2017, with the insured corporation G (hereinafter “G”), with the insurance coverage amount of KRW 300,000,00,00 for fire damage, and with the subsidies of KRW 30,00,00 for building restoration expenses (from the next day, the “instant one insurance contract”) with D, with the insurance coverage amount of KRW 30,00,00 for the insured, ② the insured G, from July 20, 2018 to the cover period of KRW 30,00,000 for movable property in the above warehouse, the insurance coverage amount of KRW 70,000,00 for the subject matter, and KRW 30,000,000 for each of the instant securities insurance contracts with the insurance coverage period of KRW 30,000,00 for the subject matter from July 20, 20137.

B. Meanwhile, on November 13, 2007, the Defendant leased 152 square meters of the instant warehouse building (hereinafter “the instant leased premises”) from G to 17,000,000, monthly rent of KRW 1,700,000, and the lease term from December 10, 2007 to December 10, 209. The Defendant, from the instant leased the instant leased premises to “M”, was running the household manufacturing and sales business with the trade name of “M”.

C. However, around December 1, 2018, a fire occurred inside M around 00:38, and the instant warehouse buildings, office buildings, interior house fixtures, adjacent office buildings, etc. used by G including the entire leased parts of the instant case were destroyed by fire.

(hereinafter referred to as “instant fire”) d.

On April 8, 2019, the Plaintiff excluded the leased portion of KRW 47,247,462 from the amount of damages of KRW 269,660,64, the leased portion of this case, which was KRW 152,00,00,000,000,000 for fire damage to the warehouse building of this case pursuant to the instant insurance contract.

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