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(영문) 서울중앙지방법원 2018.05.11 2015가단5111344
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From July 5, 2011 to July 5, 2031, the Plaintiff concluded a fire insurance contract between B and B with the insurance coverage period: (a) the building in Nam-gu, Nam-gu; (b) the insurance coverage amount of KRW 100 million; (c) the fire insurance amount of KRW 100,000; and (d) the fire insurance contract between B and D, forless dividends, Samsung Fire Comprehensive Insurance (hereinafter “instant insurance contract”); and (d) the insurance period from May 6, 201 to May 6, 2026; (e) the nuclear studs building in Nam-gu, Nam-gu, Seoul; (e) the insurance amount of KRW 50,00,000,000; and (e) the collateral content of the fire and collapse.

(hereinafter “instant secondary insurance contract”). B.

P.C. The Defendant, a company operating the wholesale and retail sales business, etc., leased a 290.9 square meters away from the insurance subject matter of each insurance contract of this case from the F to the open site (hereinafter “the open site of this case”), and used it as the open site (hereinafter “the open site of this case”). The Defendant set up the steel structure on the open site of this case, and stored plastic pipes, such as the PE double walls, PE pipes, THP oil mission, PE cable pipes, and PE water pipes.

C. On December 23, 2014, around 15:20, a fire (hereinafter “instant fire”) that was parked in a building, such as C (the subject matter of the instant insurance contract), H, I, J, and K studio (the subject matter of the instant insurance contract), and the 10 price of the vehicle parked in the building, such as H, I, J, and K studio (the subject matter of the instant 2 insurance contract) caused damage to the front or counterclaim.

On March 27, 2015, the Plaintiff paid insurance proceeds of KRW 10,928,367 according to the instant first insurance contract to B, and KRW 25,247,114 according to the instant second insurance contract to D on January 19, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The Plaintiff’s allegation that the fire occurred in the space where the Defendant occupied and used.

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