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(영문) 서울중앙지방법원 2016.04.20 2015가단5087762
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. 1) The defendant is the party to the building on the ground B (hereinafter “the building of this case”).

The owner of the instant building is the owner of the instant building. The instant building consists of three teams of the steel-frame structure and one-story building (dong, Dong and Dong). C is a person who engages in gold-type manufacturing business with the trade name of “D” from among the instant building from the Defendant by leasing one Dong (Dong) from among the instant building.

The Plaintiff is an insurer who has entered into a fire insurance contract (hereinafter “instant insurance contract”) with C as follows:

Insured : The insured period of insurance against Defendant C (goods and half-finished goods, raw and original materials, machinery, office fixtures, interior facilities): From October 29, 2014 to October 29, 2019: the insurance subject matter and the amount of insurance coverage: the building (10 million won), the goods and half-finished goods (20 million won), the raw and secondary materials (10 million won), the machinery (290 million won), the collection expenses (13 million won)

B. (1) On January 19, 2015, around 13:07, 2015, Macomer Co., Ltd. (hereinafter “Nonindicted Company”) among the instant buildings.

) One of the instant buildings that the Defendant leased from the Defendant used as a storage warehouse for sound equipment (hereinafter “instant warehouse”).

A) Fire occurred in the warehouse of this case, and an accident was destroyed by the said factory to be destroyed by a “D” factory (the subject matter of the instant insurance contract) that is adjacent to the warehouse of this case (hereinafter “instant fire”).

(2) At the time of the occurrence of the instant fire, the Nonparty Company: (a) had been moving the sound apparatus, etc. to the office; (b) had investigated the cause of the instant fire; and (c) prepared the following reports.

(A) On January 19, 2015, the fire of this case (hereinafter “the result of the instant fire investigation”) is under the process of moving all relevant equipment to and out of the office by the non-party company, which was generated from the sound equipment storage warehouse (the warehouse of this case) of the non-party company around 13:07.

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