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(영문) 서울중앙지방법원 2015.02.05 2014나1132

구상금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. A, a person who owns 2/3 shares of the 4th floor building on Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”) and operates a provisional factory with a company C (hereinafter “C”) under the ground of the said building, entered into a contract with the Defendant to compensate for fire-related property by setting the purchase price of the instant building as KRW 300 million.

B. D, on October 27, 201, operated the verbal creative processing company of E, by leasing part of the first floor of the instant building from A, and entered into a non-dividend Samsung Fire and Property Insurance New Base Agreement with the Plaintiff, setting the insurance coverage period from December 25, 2009 to December 25, 2014; the subject matter of the instant insurance as the total purchase amount of KRW 100 million.

C. On October 17, 2012, around 01:38, at the underground warehouse of the instant building, a fire was destroyed by verbal windows owned by C, such as household materials, parts, machinery, etc., and F, which were kept there. The fire caused damage to the electrical wires and lighting fixtures of the instant building, which were moved to the warehouse E of the first floor of the instant building, while the flames were moved to the first floor through windows, and were moved to the first floor, thereby causing damage to the electric wires and lighting fixtures of the instant building, which were destroyed by fire.

(hereinafter “instant fire”). D.

After investigating the fire of this case, the Mine chief determined the point of combustion as the first floor warehouse of the building of this case on the basis of the related person's statement and site conditions. On the other hand, there are no circumstances that can be seen as fire due to fire possibility, gas and mechanical factors, and human care, while on October 16, 2012, the related person's statement that "after replacing the Kabapp position with the electric power of the first floor of the underground" was replaced on the ground that the electrical distribution line at the fire site was not replaced after the completion of 38 years prior to the completion of the building.