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(영문) 서울중앙지방법원 2020.10.30 2019가단5275017
구상금
Text

1. The Defendant’s KRW 9,355,653 as well as its annual 5% from November 7, 2019 to October 30, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 22, 2017, the Defendant, who entered into a lease contract between the Defendant and C, leased a 93.34 square meters (hereinafter referred to as “leased-gu lessee”) out of the store E-dong (total area of 405.8 square meters; hereinafter referred to as “F store”) of Seocheon-gu, Seocheon-gu, Seoul (hereinafter referred to as “instant building”) owned by C as KRW 50,000,000 from November 22, 2017 to November 21, 2019.

The Defendant used the leased part as “G”’s store office for facilities and equipment, and the remainder of the F shop was used as the beauty room.

B. On March 8, 2019, the Plaintiff and C entered into each of their respective insurance contracts between the Plaintiff and C and H, and C, the Plaintiff and C are fire insurance contracts with respect to the F stores as follows (hereinafter “instant first insurance contract”).

A) The policyholder and the insured entered into a contract. From March 9, 2019 to March 9, 2020, the insurance period of the Fho Lake store building, facility, house fixtures/public equipment: From March 9, 2019 to March 9, 2020, H, the owner of the instant I shop (hereinafter referred to as “I shop”) and the I shop among the instant building, entered into a fire insurance contract (hereinafter referred to as “instant insurance contract”) with the following contents as to the above I shop:

Insurance policy holders and the insured: The object of H insurance: The insurance period of the I shop and the household cover: From November 18, 2011 to November 18, 2026, the guaranteed amount of buildings subject to insurance coverage, buildings, fire and collapse of household tools, etc., which are covered by KRW 110 million.

C. On August 23, 2019, the instant fire occurred and the results of the investigation conducted by the relevant agency are as follows: (i) the leased part among Fhos on August 23, 2019 (hereinafter “instant fire”).

A. A building, facility, and house fixtures of Fho Lake Store are destroyed and lost, among the buildings in this case, Jhoho Lake, Kho Lake, I shop, etc.

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