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(영문) 서울중앙지방법원 2019.07.18 2019가단5042163
부당이득금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 27,931,857 and its amount from March 13, 2019 to July 18, 2019.

Reasons

1. Basic facts

A. On December 30, 2010, the Plaintiff entered into an insurance contract with D on December 30, 2010, with the content of “contractor and the insured: name of the policyholder and the insured: E, securities number: F, insurance period: From December 30, 2010 to December 30, 2015; seat: H Co., Ltd. (hereinafter “H”); details of guarantee: General injury, fire, fine, fire, damage (building; KRW 50 million); property, and other (fire property liability; KRW 300 million). The Plaintiff entered into an insurance contract with H on December 30, 201 with the content of “contractor and the insured: factory fire insurance: number of securities: I; insurance period from January 18, 2013 to December 30, 2015; amount of KRW 300,000,000,000,000: KRW 30,000,00,000.

[1] (1) and (2) The total insurance contracts are "each of the instant insurance contracts"]. (b)

1) H is Defendant B Co., Ltd. (hereinafter “Defendant B”).

(C) The building located in G in Kimpo-si (hereinafter “instant building”)

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded an insurance contract with Defendant B to secure the damage of the instant building on January 16, 2014, where the cause of the instant building was unknown.

The insurer’s insurance proceeds (cost) paid the insured amount (cost) to the Plaintiff (A), 294,445,678 512,068,068,1268,128 172,167,968 64,596,533 Plaintiff (A-2) 49,074,280 13,457,611, C428,992,2094,113,824, 772,512,512,512,512,068,128,167,968,172,167,968, 167, 968, 167, 968, 32014, and the amount of damages of the instant building was calculated as the amount of damages to the Plaintiff pursuant to Article 167 of the Commercial Act and Article 167 of the Plaintiff’s Commercial Act.

(c) insurance contracts;

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