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(영문) 부산지방법원 2014.09.25 2014가합1068
보험금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is assessed against the Intervenor.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are affiliated organizations under E, and the Defendant is a corporation for the purpose of establishing and operating childcare facilities, and is a shareholder holding 10% of the Plaintiff’s shares.

B. (1) On April 1, 2012, the Plaintiff leased from the Defendant during the period from April 1, 2012 to March 31, 2016, the Plaintiff: (a) on a monthly rent of KRW 12 million (not including value-added tax, lease deposit); and (b) from April 1, 2012 to March 31, 2016, the Plaintiff leased the instant building Adong warehouse, Bdong warehouse (hereinafter “instant building”).

(2) The instant lease agreement provides that “The Defendant shall subscribe to fire insurance, but limited to the building and machinery, and the Plaintiff shall pay the fire insurance premium by including it in monthly rent.”

C. On February 7, 2013, the Defendant entered into an insurance contract with the Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter “Nonindicted Company”) for total insurance coverage amounting to KRW 1,760,00,000 (each insurance coverage amount is KRW 640,00,000 per Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong 400,000, KRW 720,000,000, insurance premium amount is KRW 32,878,000, and the insured’s insurance period is the Defendant and the Plaintiff’s insurance period from February 16, 200 to February 16, 2014 (hereinafter “the instant insurance contract”). The Defendant specified the Defendant’s insurance contract as the instant mechanical insurance contract as the Defendant’s ownership (hereinafter “the instant insurance contract”).

(1) A fire (hereinafter “instant accident”) occurred around May 28, 2013 on the instant building and machinery, etc., which the Plaintiff occupied and used as a factory.

Accordingly, the above Adong warehouse was entirely stored, and the Bdong warehouse and the machinery of this case were partially stored.

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