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(영문) 서울중앙지방법원 2014.08.12 2013가단5042710

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who concluded an insurance contract with respect to the part of the first floor of the instant building and the facilities inside the building, etc. in Silsi-si, B and C’s ground building (hereinafter “instant building”).

B operated the restaurant "D" in the above building.

B. The Defendant is the owner of the instant building, and is the co-operator of the screen golf course with the trade name of the second floor EM of the instant building.

C. On December 20, 2012, a fire occurred in the instant building. On April 4, 2013, the Plaintiff paid KRW 33,017,079,079, insurance money to B.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 9, 11, Eul evidence Nos. 1, 2, 3-1, 2, 4-1 through 3, 5, 6-1, 2, 7-1 through 3, 8-7, 9-1 through 4, each of the images of the evidence Nos. 9-1 through 4, 9-1, 11, 1, 3-1 through 3, 6-1, 2, 2, 7-7, 7-7, 9-1 through 4, 3-1, 1 through 3

2. The plaintiff asserted that the fire in this case was first launched from the mechanical and electrical factors inside the second E golf shop No. 3 of the building in this case, and the defendant, the owner of the building in this case, is liable for tort liability under Article 750 of the Civil Act and for the structure liability under Article 758 of the same Act (the plaintiff, as the plaintiff's lessor pursuant to Article 623 of the same Act at the time of filing the lawsuit, is liable for the non-performance of the duty to maintain the condition necessary for the use and profit-making during the existence of the contract, and the lease contract was already terminated due to fire and the insurance money was paid by the plaintiff. The plaintiff seems to have been explicitly withdrawn from the above assertion) Accordingly, the plaintiff asserts that the defendant, the owner of the building in this case, should be liable for damages under Article 7

3. The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act, which is judged, shall be the safety that the structure must normally be equipped for its use.