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(영문) 서울중앙지방법원 2020.09.03 2019가단5158068
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. Basic facts

A. Status 1) The Plaintiff is a corporation D (representative E, hereinafter “D”).

B) As to the insurance contract of this case, the insured is indicated as E as “E”: Provided, That the Plaintiff asserts that the insurance period of this case should be “E” in light of the purport of the insurance contract of this case, including (a) the fact that the insured is a representative of E as one in-house director of D; (b) E and G, who originally operates “H store” as an individual entrepreneur; and (c) around February 1, 2012, the insured forms the insurance contract of this case; (d) on February 6, 2013, the Plaintiff established the I Company on December 21, 2015, and changed the name of the above company into D and around October 26, 2016, the insured was changed to E in the process of filing an application for approval for change of the insurance contract; and (e) the Plaintiff ought to be deemed as the insurance period of this case, 201Da94141, Apr. 26, 2012.

A) An insurance contract with a purport to compensate for losses suffered by the insured within the insurance coverage amount (10 million won, facilities and fixtures: KRW 100 million) where a fire occurs in the subject matter of the insurance by designating the movables and fixtures expropriated in the above warehouse (hereinafter “instant insurance contract”) and designating them as movable property and fixtures in the warehouse (hereinafter “instant insurance contract”).

(2) Defendant B is an insurer that entered into a contract for construction work with E’s representative, and the contractor who newly constructed one plastic house used as the instant warehouse and shower room from February 2, 2016 to March 2, 2016. Defendant C is a construction business operator who entered into an electrical ship construction for the instant warehouse at the time of the said new construction work.

B. The current status of the warehouse of this case and the warehouse of this case 1 is installed on the land of Gyeyang-gu, Gyeyang-gu, Seoul, the location of the warehouse of this case.

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