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(영문) 서울중앙지방법원 2016.07.19 2016가합508299
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (hereinafter referred to as “Defendant A”; hereinafter referred to as “stock company”) is a company that manufactures and sells non-pharmaceutical drugs. B from August 25, 2014 to October 20, 2014, and from October 20, 2014 to August 19, 2015, Defendant A was an internal director of Defendant A.

B. C owns two-story factories of the general steel structure of Dong 1, Dong 1, Incheon, Incheon, (hereinafter “instant manufacturing operation”), 2, Dong 2, Dong 2, and other roof 1 (hereinafter “instant warehouse”), and combined manufacturing operation and storage (hereinafter “instant factory”).

C. On January 2, 2014, Defendant A leased the instant factory from C, and around that time, Defendant A acquired all of the machinery, facilities, and finished products in the factory from B, which had been engaged in the manufacturing of quasi-drugs in the name of “E” at the instant factory, and manufactured fingers, insects, etc. at the instant factory.

On the other hand, as of June 25, 2013, B concluded a contract number F, insurance period from June 25, 2013 to June 25, 2023 with respect to the Defendant’s currently Maritime Fire Insurance and the instant plant, and a fire indemnity insurance contract (comprehensive penalty) with respect to the instant plant (hereinafter “instant insurance contract”).

E. On June 19, 2015, around 04:18, a fire occurred in the warehouse of this case (hereinafter “instant fire”), and the plant of this case was fired by fire officers dispatched from the instant warehouse, but due to which the fire was spread, damage was inflicted on the H building owned by G, which was the neighboring building of the instant plant, and K building owned by H, I, and J-owned.

(B) Around February 2015, the Plaintiff entered into a comprehensive property insurance contract with a specialized purpose company under DNA No. 1 with respect to the instant damaged building, and around January 11, 2016, the amount of damage to the instant damaged building to the specialized purpose company under DNA No. 1 was KRW 242,197,949.

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