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(영문) 서울고등법원 2016.12.09 2016나4596
보험금
Text

1. All appeals filed by the counterclaim and the counterclaim Defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The court's explanation concerning this case is the same as the written judgment of the court of first instance, except for the parties' grounds for appeal as set forth in the following two paragraphs. Thus, the court's explanation of this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) On the grounds of appeal by the Lessee, the Lessee asserts that the remaining value ratio of the building and the interior facility damages is 79%, and the amount of damages of the building due to the instant fire is 40,567,248 (51,350,948 x 79%) and the amount of damages of the interior facility is 11,015,747 won (the amount of damages of the re-purchase 13,943,984 x 79%).

B) The following circumstances, which are acknowledged as comprehensively taking account of the overall purport of pleadings as a result of the fact-finding conducted by the court of first instance as to Gap evidence Nos. 5, 8, and 10, and Eul evidence Nos. 4, and the fact-finding conducted by the court of first instance as to the solar damage assessment, namely, ① F, the owner of the instant vinyl, constructed and leased the roof and walls inside the instant vinyl on June 2007, G, the first lessee, installed the floor floor, sand site location panel walls, and tents; ② the lessee, while leasing the instant vinyl around May 22, 2012, paid KRW 20 million to the lessee G through the lessor as facility costs. ③ The building inside the instant vinyl was a building without permission and becomes legally subject to removal even if the right to use the site exists; ④ The part that was purchased by the adjuster, which is possible from the pre-repair of the total construction cost and the part that should be deducted from the pre-repair of the construction cost.

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