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(영문) 서울남부지방법원 2019.06.14 2018가합108248
사해행위취소
Text

1. As to KRW 250,000,000 among the Plaintiff and KRW 150,000,000, the Defendant shall pay to the Plaintiff KRW 100,000 from February 1, 2018.

Reasons

1. Basic facts

A. (1) The Plaintiff is a company running non-life insurance business, such as fire insurance, etc., and the Plaintiff is a company that runs the instant building and facilities and fixtures in the instant building located in C and Yeonsu-gu Incheon Metropolitan City (hereinafter “instant building, etc.”) around February 2017.

(2) A general fire insurance contract with its insurance coverage period from February 25, 2017 to February 25, 2018, with its insurance coverage amounting to KRW 2,380,000,000 (hereinafter “instant insurance contract”) as collateral (hereinafter “instant insurance contract”).

2) From May 201, the Defendant: (a) from around May 201, the Defendant leased and operated a restaurant with all facilities, equipment, and fixtures related to the business of the instant building and building installed in C; and (b) installed a warehouse outside the connected to the main room of the first floor of the instant building and kept food materials, etc. therein.

3) From July 6, 2016 to July 6, 2023, the Defendant concluded a F insurance contract with E Co., Ltd. with the insurance coverage amounting to KRW 670,00,000,00, gas accident liability security, food liability security, fire liability security, fire liability security, and liability for damages to the owner of the instant building (excluding fire liability) on July 4, 2017, the fire (hereinafter “the instant fire”) occurred on July 4, 2017, around 04:38, at the instant building (hereinafter “the instant fire”), which caused a fire, the first floor, the second floor, the second floor, and the kitchen, and the second floor, the fire damage and the inundation damage were caused to the fire-fighting water and the exhaustle of the instant building. The inside the building, theme and the floor, the heating facilities of electricity, etc. were small damages.

5) The ratio of sharing of damages incurred to the instant building, etc. due to the instant fire and double insurance with the insurance mentioned in paragraph 3 above is as follows.

Separated amount of insurance coverage (cost) estimated amount of estimated amount of damage (cost) for each insurance company's estimated amount of damage (cost) shall be calculated as the amount of market value insurance for plaintiffs 1,980,000,000 1,990,417,710 316,60,600 316,600,600,00246,226,477.

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