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(영문) 서울중앙지방법원 2016.06.29 2014가단5298473
구상금
Text

1. The Plaintiff:

A. Defendant A, B, C, and D jointly share KRW 372,69,057 and as from April 3, 2012, Defendant A, and B.

Reasons

1. Basic facts

A. (1) An interesting life insurance company (hereinafter “interesting life insurance company”) concluded a lease agreement on the whole underground floor of the instant building between 199 and F in 200, as the owner of the instant building in Goyang-dong E-dong (hereinafter “instant building”). F operated cosmetic and skin management room business.

(2) On April 15, 2002, Defendant C leased a beauty room (110 square meters, exclusive use area, 62.51 square meters) from the first floor of the instant building from Heung Culture Life, and renewed the lease on December 30, 2005, including the part of the skin management room (17.6 square meters) under the ground, and Defendant C operated the actual beauty room and the skin management room as the wife of Defendant C.

(3) Around May 2011, Defendant C entered into a lease agreement with interested countries on the part of the beauty room of the first floor above the instant building (67.6 square meters, exclusive area of 29.3 square meters) and the part of the skin management room (lease 67.6 square meters, exclusive area of 29.3 square meters). Defendant A, around May 201, operated the beauty room with Defendant B, with the trade name of “G”, by leasing the part of the beauty room (lease 110 square meters, exclusive area of 62.51 square meters) from interesting life.

B. The Plaintiff related to the insurance contract on the instant building is an insurer who entered into a fire insurance contract on the instant building between the interesting life and the interesting life, and the Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-insurance”) concluded a successful business insurance contract with the Defendant B on the first floor beauty room on the ground of the instant building as KRW 30 million per person’s liability for damages against the facilities owner, KRW 30 million per accident, KRW 300 million per fire-fighting, and KRW 500 million for fire-fighting.

C. (1) On October 26, 201, at around 12:12, 201, the instant fire occurred in the front corridor of the first floor elevator underground of the instant building (hereinafter “instant fire”).

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