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(영문) 서울중앙지방법원 2020.12.10 2020나23423
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. C is the owner of the E-dong, F-dong (hereinafter “E Dong”) of the warehouse structure of the outer wall structure from the roof of the steel frame team on the ground of both weeks at two weeks.

C The E-dong was leased to G, and the F-dong was directly used as the original warehouse.

B. C concluded a comprehensive property insurance contract with the Plaintiff, EF Dong, and its internal inventory assets to be paid insurance money (from October 14, 2017 to October 14, 2018; KRW 180,000,000,000,000,000,000 of the insurance amount to be paid (i.e., E-dong 59,567,028; KRW 120,432,972; KRW 120,432,972; hereinafter “Plaintiff insurance contract”).

C. As above, G entered into a fire insurance contract with the Defendant to receive insurance money in the event of a fire damage on Edong and its internal inventory assets leased from C (i.e., the insurance period from November 24, 2016 to November 24, 2017; (ii) E-dong 270,000,000, internal inventory assets KRW 300,000,000, and hereinafter “Defendant insurance contract”).

The defendant insurance contract includes the special terms and conditions of the liability to compensate for damages caused by the loss of another's property due to the fire (However, the liability to compensate for damages caused by the property owned, occupied, leased, used, protected, managed or controlled by the insured is excluded from the compensation loss).

G used Edong as a bicycle warehouse, and installed a separate container in front of Edong (hereinafter referred to as “instant container”) and used it as an office.

However, around 13:08 on November 20, 2017, the inventory assets inside the EF Dong and FFdong were destroyed due to fire in the instant container.

(hereinafter referred to as “instant fire”). The amount of damages therefrom shall be the remaining value of E-dong KRW 105,705,497.

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