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(영문) 서울중앙지방법원 2020.01.15 2019나9551

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 2017, the Plaintiff is an insurance company that entered into fire insurance, etc. with the first floor E, F, G, and H (hereinafter “instant subject matter of insurance”) among the instant officetels (hereinafter “instant officetels”) as the subject matter of insurance, and the Defendant leased the instant officetel No. J from I to engage in wholesale and retail business, such as household goods, and household goods.

B. On February 24, 2016, the Defendant installed a temporary building in the form of a vinyl (hereinafter “the instant vinyl”) and used it as a warehouse using vinyl, pipe, etc. on the instant officetel, and the instant officetel management body re-inform the Defendant and I of the instant instant officetel management body at the time to restore the instant vinyl to its original state as soon as possible, because the instant vinyl is highly likely to have a fire or civil petition and may be pointed out as an illegal building in the relevant agency. Accordingly, the instant vinyl is entirely responsible for the restoration to its original state within the prompt time. This is both underground time when a fire or civil petition arises or is subject to an administrative disposition. The instant officetel management body re-informs the Defendant and I of the same content on July 6, 2016 and September 8, 2016. < Amended by Presidential Decree No. 27388, Sep. 24, 2016>

C. On April 19, 2017, a fire occurred in the instant vinyl, and the said vinyl and the instant officetels outer wall and the interior thereof were destroyed (hereinafter “instant fire”). As to the instant fire, the report on the result of fire-fighting in the Gyeongginam Provincial Police Agency’s report on the fire-fighting of the instant fire contained the following:

(1) In the form of a greenhouse of a building, the fire site is a type of a flammable substance, etc. being loaded inside the building, and the CCTV installed outside the studio is taken from the studio to the outside of the studio to the studio of the studio, and it is found to have taken place in the inside of the studio to the studio.