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(영문) 서울중앙지방법원 2018.10.15 2018가단5093027

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a general fire insurance contract with the building management body A (hereinafter referred to as the “management body”) of Gangnam-gu Seoul Metropolitan Government Officetel buildings (hereinafter referred to as the “instant building”) and household fixtures, etc. as collateral objects between June 4, 2016 and June 4, 2017. The Defendant is an entity managing the instant building.

B. On June 27, 2016, the instant building and the house were destroyed or damaged (hereinafter “instant fire”) due to fire inside the ceiling of the 1st floor B132/B401 of the underground floor of the instant building.

C. On October 17, 2016, the Plaintiff paid KRW 91,882,09, and KRW 5,082,137 on June 20, 2017, respectively, to the management body, with the insurance proceeds from the instant fire.

[Reasons for Recognition] Unsatisfy, Gap 1 to 3, 6, and 7 each entry, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As the fire of this case occurred due to the Defendant’s nonperformance of obligation, defects in the installation and preservation of the structure, or tort, which is responsible for the maintenance and management of the building of this case, the Defendant is obligated to pay the above insurance money and damages for delay to the Plaintiff who acquired the right to claim damages by subrogation of the management body due to the payment of insurance money

B. In full view of the following facts and circumstances acknowledged by the evidence adopted prior to the determination, Gap 4, 5, 8, 10 evidence, Eul 1, and 3’s respective statements, images, and the entire purport of the pleading, the defendant fulfilled his/her obligations under a management contract with the management body.

The fire in this case is not deemed to have occurred due to the defect in the installation or preservation of a structure, or an illegal act committed by the defendant.

(1) A fire site investigation report prepared by the Gangnam Fire Fighting Force shall include the following:

The point of combustion: The point of combustion shall be limited to the hallway of the first-story pharmacy and restaurant. The cause of fire: human care.