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(영문) 서울중앙지방법원 2016.04.06 2015가합550125
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s payment of fire insurance money 1) B is each real estate listed in the separate sheet (hereinafter “instant real estate”).

(C) A building listed in the [Attachment List No. 3] as the owner of the instant real estate around 2008 (hereinafter “instant building”).

(2) On April 21, 2009, the Plaintiff and the insured period of April 21, 2009, concluded a comprehensive insurance contract with the content that the Plaintiff compensates for damage to the subject matter of insurance due to fire, etc. on the leased object and the factory machinery, fixtures, etc. in the building.

3) On May 19, 2011, a fire presumed to have been emitted from a non-Dong toilet among the instant buildings, which occurred, and the non-Dong building among the instant buildings was in a 198 square meters, and the 132 square meters of the 198 square meters of the 198 square meters of the 198 square meters of the instant building was in a fluoral. 4) C suffered damages equivalent to KRW 195,928,821 due to the said fire, and the Plaintiff paid the said damages to C on September 7, 2011.

B. On February 2, 2012, the Plaintiff filed a lawsuit against B with the Seoul Central District Court on February 2, 2012, asserting that the said fire occurred in the area controlled by B, the owner of the instant building, and that B is liable for compensating for damages caused by the said fire, and that the Plaintiff paid insurance money equivalent to the amount of compensation for damages to C and exempted the Plaintiff from liability therefor. (ii) The said court accepted the Plaintiff’s claim on June 13, 2013, and rendered a judgment that “B shall pay to the Plaintiff 195,928,821 won and the amount calculated at a rate of 20% per annum from September 8, 2011 to February 8, 2012; and that “B shall pay to the Plaintiff the amount calculated at a rate of 5% per annum from the next day to the day of full payment.”

(Seoul Central District Court 2012dan5012453). 3B is above September 2, 2013.

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