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(영문) 서울중앙지방법원 2020.12.10 2020가단5073675
구상금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 62,452,959 as well as to the Plaintiff from December 17, 2019 to December 10, 2020.

Reasons

1. Facts of recognition;

A. A. Around August 1, 2017, the Plaintiff entered into a property comprehensive insurance contract between both parties and D, a policyholder and the insured, for compensating for damage caused by fire, with the subject matter of insurance, the buildings on the ground (Fdong, Gdong) and the furnitures, movable property, machinery, etc. located inside the building outside both weeks. (2) Defendant B Co., Ltd. is operating the waste open site (hereinafter “instant open site”). At both weeks, the Defendant B Co., Ltd. is a company aimed at steel supply business, waste disposal business, etc., and the Defendant B Co., Ltd. operates the instant open site at H.

3) On November 7, 2018, Defendant C Co., Ltd concluded a factory fire insurance contract with Defendant B Co., Ltd., the policyholder and the insured (hereinafter “instant factory fire insurance contract”).

B) B. B. The instant factory fire insurance contract, collected between Defendant B and Defendant C, includes (1) the insurance premium: 4,186,000 won; (2) the insurance period: from November 7, 2018 to November 7, 2019; and (3) the matters covered: three buildings (I Dong, J Dong, Fdong, Gdong) and machinery, which are the subject matter of insurance, with the insurance amount of KRW 3.21 billion; and the liability for damages on fire, the amount of which is KRW 500,000,000,000,000,000 won, and the aforementioned matters are written in the insurance policy.

2) Ordinary terms and conditions applicable to the instant plant fire insurance contract and the instant special terms and conditions for liability for damages against fire (hereinafter “instant special terms and conditions”).

The main contents of the General Terms and Conditions are as follows. Article 2 of the Terms and Conditions (the definitions of terms used in this Agreement shall be defined as follows, unless otherwise defined in the other provisions of this Agreement:

1. Terms related to a contract;

(d) Subject-matter of insurance: He/she refers to the buildings, etc. listed in the insurance policy as the items insured pursuant to this standardized contract;

Article 3 (Compensation for Loss) ① Company shall compensate for the following losses which the subject-matter of insurance is fire:

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