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(영문) 서울중앙지방법원 2016.03.18 2015가단5297767
구상금
Text

1. The Defendant’s KRW 19,077,430 as well as the Plaintiff’s annual rate of 5% from June 15, 2013 to July 16, 2014, and the following.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Basic facts

A. On January 30, 2013, the Plaintiff entered into a fire insurance contract between the Plaintiff and Nonparty B, with respect to the Jeju-si Building (hereinafter “instant building”) owned by Jeju Special Self-Governing Province (hereinafter “instant building”), setting the insurance period from January 30, 2013 to January 30, 2014, and setting the insurance amount of KRW 1 billion (excluding the insurance amount of KRW 100 million for the household fixtures of the object other than the building) to compensate for the damage caused by fire, the Plaintiff entered into a general fire insurance contract (hereinafter “instant fire insurance contract”).

B. Insurance contract between the Defendant and the Intervenor of an independent party (hereinafter “ Intervenor”) (hereinafter “instant restaurant”) 1) The Defendant is from February 2, 2010 B to the part of the instant building on the first floor (hereinafter “instant restaurant building”).

(2) On March 15, 2010, the Defendant entered into an insurance contract with the Intervenor (hereinafter “instant comprehensive insurance contract”) with the effect that “In the event the subject matter of the insurance is damaged by fire, etc., the Defendant shall set the amount of insurance coverage as KRW 180,000,000,000,000 for KRW 1,000,000 for the insured, ② from March 15, 2010 to March 15, 2020, and ③ from the insurance coverage period, the instant restaurant building and facilities, the house fixtures, and ④ the amount of insurance coverage of the instant restaurant building and the amount of insurance coverage as KRW 180,00,000,000,000 for each maximum amount of compensation and KRW 10,000 per accident to cover the manager of the facility (hereinafter “instant liability insurance”).

3) The main contents of the instant liability insurance policy are as follows. Article 1 (The physical disability of another person is a facility owned, used, or managed by the insured during the insurance period, and a contingency that may arise from the performance of his/her duties for the use of such facility.

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