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(영문) 서울중앙지방법원 2013.01.09 2011가단438275
구상금
Text

1. The Defendants: KRW 16,375,639 for each Plaintiff and KRW 5% per annum from March 22, 2011 to January 9, 2013; and

Reasons

1. Basic facts

A. Nonparty B concluded a fire insurance contract between the Plaintiff and the Plaintiff with respect to the fourth floor building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”), with the insurance coverage period from April 8, 2008 to April 8, 2013, and with the insurance coverage amount of KRW 1,100,000,000.

(hereinafter referred to as “Plaintiff’s insurance contract”). (b)

Defendant A leased approximately 95 square meters on the second floor of the instant building and operated D (hereinafter “instant store”). Defendant Hyundai Marine Fire Insurance Co., Ltd. entered into an integrated insurance contract on fire insurance and facility owners’ liability for damages with respect to the instant store and house fixtures, etc.

(2) On August 20, 2010, when a fire occurred in the instant store and a part of the instant building was destroyed (hereinafter “the instant fire”); according to the investigation by a fire station and an adjuster, the type of burning, which was installed on the right side of the main stream of the instant store (hereinafter “instant cooling house”); and the identity of the combined vessel on the air conditioners and the inside line of the instant cooling house, are identified, in light of the fact that the air conditioners in the instant cooling house and electronic equipment are mixed with water, and the current of dust, etc., which flows around the surrounding area, shall be presumed to have been destroyed due to the phenomenon that a weak electricity flows into the main right side of the instant store, and the process of burning the instant store is presumed to have been carried out by the central ledger of the instant case.

C. On March 17, 2010, the Plaintiff paid KRW 20,000,00 as insurance money, and KRW 13,669,217 as of March 21, 201, including KRW 13,669,217 on the 21st of the same month (damage 17,722,517 as to the instant store, and KRW 15,946,70 as to the portion excluding the instant store among the instant building), and from Defendant Hyundai Marine Fire Insurance Co., Ltd., the instant case.

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