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(영문) 서울중앙지방법원 2017.09.22 2016가단5095227
구상금
Text

1. Defendant A’s KRW 35,940,425 as well as 5% per annum from March 1, 2016 to September 22, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The parties to the dispute (1) held the 4th floor factory and office building (attached Form C on the right upper part of the building placement map; hereinafter “C’s building”) of the D-ground reinforced concrete structure and brick sloping roof in Silung-si, and around November 2002, the two-story building (attached Form 1: E on the right side of the display map of the building; hereinafter “C’s household building”) composed of a sandd location panel was extended to the two-story building (the second floor board (E), gold production, foreign accommodation, and hereinafter “C’s household building”) on the right side of the building, and F is engaged in machinery parts processing business from this place to the “E” (hereinafter “E building”).

(2) F entered into a lease agreement on the machine learning center to be used in E (hereinafter “instant machine”) with the non-SP Capital Co., Ltd., and the Plaintiff is an insurer who entered into an English comprehensive insurance contract on the instant machine as the insured.

(3) On December 30, 1995, Defendant B obtained the ownership of the two-story factory building (attached Form 1, 2, 1, 1, 1, 1, 2, and 3) on G’s ground surface (on the left side of the building placement map, H), H office building, 1, 2, 1, 1, and 2, and conducted manufacturing business of Aluminium in the name of “I” on the part of the first floor and the second floor (attached Form 1, 1, 1, 1, 2; hereinafter “Defendant B’s building”).

(4) Defendant A leased part of the 1st floor of the factory building (attached Form No. 3) (the left part of H, H office, etc.) among the factory buildings listed in the above paragraph (3) (the Defendant’s identity was disclosed, Defendant B was leased and used by the previous owner, and the building owner was replaced to Defendant B even after it was changed to Defendant B.

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