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(영문) 서울고등법원 2017.01.26 2015나23859
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. L Co., Ltd. (hereinafter “L”) had been engaged in the meat processing business, the meat storage business, etc., and owned a factory for the meat processing and the warehouse for the meat storage (hereinafter “instant building”) in the Chungcheongbuk-gun M.

B. Co-Defendant A of the first instance trial (hereinafter referred to as the “A”) is the actual operator of the LA, and the Co-Defendant B of the first instance trial (hereinafter referred to as the “B”) is the person who was the head of the division of the L A of the L A, and Defendant E is the managing director of the N Co., Ltd. (hereinafter referred to as the “A”) who is the business partner of the L A of the L A, Defendant G is the actual operator of the P Co., Ltd. located in the instant building, Defendant H is the representative director of the QA Co., Ltd. who is the business partner of the L A, and Defendant J is the representative director of the QA Co., Ltd. who is the business partner of the L A, and Defendant K is the representative director of the LA, the business partner of the L A

C. On May 15, 2009, L A purchased fire mutual aid insurance (insurance period: from May 15, 2009 to May 15, 2010; insurance object: 1,548,310,000 won in the instant building and machinery, insurance premium: total amount of KRW 3,59,820 in the case of insurance premium: Co-Defendant D (hereinafter “D”) who was the Plaintiff’s insurance solicitor before September 2, 2009 (hereinafter “C”), and was introduced to the Plaintiff on September 22, 2009 through the fire insurance contract (period: 1,548,310,000 won in the instant building and machinery, insurance premium: 30,000 won in the instant case; 30,000 won in the instant case’s total insurance premium amount; 40,000 won in the instant case’s insurance premium amount; 30,000 won in the instant case’s total insurance premium amount; 40,20.20,7.

A, upon the aggravation of the financial situation of L of the L of the case, caused the fire to the building in September 2009 and the building in this case, and conspired to claim and receive excessive insurance proceeds by using it, and according to the above public offering, B is from October 1, 2009 to October 01, 2009.

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