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(영문) 대구고등법원 2016.04.27 2015나2943
손해배상(기)
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has been engaged in the business of manufacturing clothing with the trade name of “D” in Seo-gu, Daegu, and is the owner of 2nd floor of steel-frame structure, sand position plate, 580.8m2, 22nd floor steel-frame structure, and 237m2 of a dormitory (hereinafter “instant building”). Defendant B is the owner of 479.96m2 (hereinafter “this case’s factory”) adjacent to the instant building, Seo-gu, Daegu, Seo-gu, Seoul, which is the owner of 479m2 of an high-pollution plant of the roof roof of the ground steel concrete structure, and “F” in the instant factory is a person who has engaged in the business of collecting and washing dys of the burine with trade name, and Defendant Han-gu Co., Ltd. (hereinafter “Defendant Co.”).

B. The conclusion and content of the instant insurance contract (i) Defendant B determined the insurance period between April 9, 2013 and April 9, 2018 with the Defendant Company as the insurance period, and, in the event Defendant B is legally liable for damage to a third party due to a fire that occurred within the insurance coverage area under the insurance policy, the Defendant Company’s insurance contract (hereinafter “instant insurance contract”) as indicated in the “Indication of the Insurance Contract” in the attached Form stating that the Defendant Company shall guarantee the insurance amount within the limit of KRW 100 million.

(2) The main contents relating to fire liability under the insurance contract of this case are as follows.

Section 3. Payment of insurance money in Sub-Section 2 of Article 2 (Grounds for Payment of Insurance Money) The company shall compensate for the following losses sustained by the insured under this Clause due to fire (including explosion) for insurance purposes owned, used, and managed by the insured during the insurance coverage period within the coverage area under the Insurance Policy:

1. Statutory damage compensation liable for the insured to be paid to the victim;

C. The instant case.

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