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(영문) 서울중앙지방법원 2019.08.29 2018나82047
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. Facts of recognition;

A. The Plaintiff is a party’s position 1) The 4th floor building of reinforced concrete structure F. F.S. Mobro in Pakistan with E (hereinafter “instant damaged building”).

(2) Defendant B (hereinafter “Defendant D”) is an insurer that entered into a general fire insurance contract with the Plaintiff, namely, ① insurance coverage amounting to KRW 350,00,00,00, ② insurable valueing to KRW 341,155,557, and ③ from May 23, 2014 to May 23, 2024 with the insurance coverage period. Defendant B is the insurer that entered into a general fire insurance contract with the Plaintiff. Defendant B is a person who engages in retail business with the trade name “I” with the first floor H located on the ground of G when the instant damaged building was located adjacent to the instant damaged building. Defendant C is a person who entered into a general insurance contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) with the insurer.

B. On September 11, 2017, at around 04:07, a fire, which was presumed to have been removed due to clothes damage, occurred in the electric wires en routed into the instant store, and as a result, it was burned through the instant store and the instant building owned by E with a large quantity of 70cm (hereinafter “instant provisional building”), the fire was destroyed by the outer wall typ of the instant damaged building, Aluminium hold, line home hold, etc.

(hereinafter “instant fire”). C.

The Plaintiff calculated the amount of damages incurred in the instant building due to the instant fire as KRW 8,240,00,000, and paid KRW 8,240,000 as insurance money to E on January 11, 2018.

[Based on Recognition] Uncontentious Facts, Gap evidence 1 through 9 (including each number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the parties concerned are concerned, according to the continuous garment of the electric wires, which are sealed into the store of this case.

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