logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.16 2018나21264
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. As between C and C on July 15, 2016, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the content that: (a) the insured person C and the insurance period from July 15, 2016 to July 15, 2021; (b) the leased object (30,000,000 won limit); (c) the facilities (10,000,000 won limit); (d) the house fixtures (15,00,000 won limit); and (e) the movable property (10,000,000 won limit) the indemnity for the insured’s loss.

B. On November 4, 2016, the Defendants entered into a lease agreement with E (her mother ofC) stating that approximately KRW 28 of the first commercial building on the left-hand side of the first floor of the building in question (hereinafter “instant leased object”) shall be leased KRW 30,00,000, monthly rent, KRW 1,500,000, and KRW 12 months from the date of the contract to lease; and E paid KRW 10,000,000 (the amount of KRW 2,00,000,000 as the provisional contract deposit) out of the above lease deposit, and operated “F” after completing artificial construction upon delivery of the leased object of this case.

C. A fire, around 23:00 on November 23, 2016, which is presumed to have been caused by electrical factors from electric wires installed at the inner ceiling of the leased object of this case (hereinafter “instant fire accident”) and caused damage to the leased object of this case and facilities, fixtures, fixtures, movables, etc. located therein or caused damage.

Seoul Adjustment Co., Ltd., upon the Plaintiff’s request, assessed the amount of damages for a building due to the instant fire accident, KRW 10,155,384, the amount of damages for a facility, KRW 14,031,145, and the amount of damages for a movable property, KRW 5,029,100, respectively.

E. Under the instant insurance contract, the Plaintiff is the insured C’s insurance proceeds from the instant fire accident, and KRW 26,537,045 = facility damage amounting to KRW 10,00,000,000.

arrow