logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.04 2018가단5266047
청구이의
Text

1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2010Da524980 Decided April 14, 2011.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who leased the first floor of the Seoul Western-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant building”) and operated the master telecom with the trade name “DMoel” (hereinafter “DMoel”). The Plaintiff is a person who leased part of the first floor of the said building and operated the restaurant with the trade name “F restaurant” (hereinafter “instant restaurant”).

B. Around January 3, 2009, the Defendant concluded a fire insurance contract with regard to all of the facilities and equipment within the instant restaurant, setting the insurance coverage period as KRW 10,000,000, and the equipment as KRW 20,000,000, for all of the facilities and equipment within the instant restaurant.

C. On June 8, 2010, at around 23:20, a fire (hereinafter “instant fire”) occurred in the instant telecom, and the facilities and equipment in the instant restaurant were destroyed.

Accordingly, the defendant paid 5,681,318 won as insurance money to E on August 19, 2010.

On November 19, 2010, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 5,681,318 (hereinafter “instant amount of indemnity”) by subrogation against the insurer by Seoul Central District Court Decision 2010Da524980 (hereinafter “instant amount of indemnity”). The said court rendered a judgment on April 14, 201 that “the Plaintiff shall pay KRW 5,681,318 to the Defendant and its delay damages to the Defendant” (hereinafter “instant judgment”).

The original copy of the judgment was served on the Plaintiff by means of service by public notice and became final and conclusive at that time.

E. On the other hand, on January 3, 2013, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court No. 2013Ma70, 2013Ma70 (hereinafter “instant immunity”). On October 28, 2013, the Plaintiff was granted immunity from the above court (hereinafter “instant immunity”). The said immunity became final and conclusive on November 14, 2013, and the Plaintiff’s list submitted at the time of the said bankruptcy and application for immunity.

arrow