beta
(영문) 서울중앙지방법원 2016.04.01 2015가합530435

구상금

Text

1. The Defendants jointly share KRW 213,442,91 as well as 5% per annum from March 17, 2015 to April 1, 2016.

Reasons

1. Basic facts

A. Defendant Sejong Sejong District Co., Ltd. (hereinafter “Defendant Sejong District”) is a company that manufactures paper papers in the building on the ground of 707-10 ground (hereinafter “Defendant building”) in Namyang-si, Namyang-si, Namyang-si.

The above Defendant used the plastic greenhouse next to the building as a product storage warehouse, and installed the drum box (hereinafter “the instant drum box”) in the space immediately adjacent to the steel fence around the building, and used it as a garbage incineration facility.

B. On December 31, 2014, around 23:26, a fire that occurred on the part of the defendant’s building (hereinafter “the fire in this case”), the defendant’s building and the vinyl were laid down, and the plaintiff’s building and the vinyl attached to the adjacent building 707-9 ground buildings (hereinafter “the plaintiff’s building”) were also laid down.

C. The Plaintiff’s building is a place used as a logistics warehouse by the “Mando Co., Ltd. Mandomdo Co., Ltd.” (hereinafter “Mandomdo Co., Ltd.”). The Plaintiff incurred damages equivalent to KRW 350,850,876, in which products, such as the above building and the water flag, were scattered in the building and in its storage.

On March 16, 2015, the Plaintiff was an insurer who concluded a fire insurance contract with the Plaintiff’s building and movable property, and paid KRW 319,293,787 as insurance money to the broadband on March 16, 2015.

Meanwhile, Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire”) is an insurer who entered into a fire liability insurance contract (from November 16, 2012 to November 16, 2017) with Defendant Eastern Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire”).

【Ground of recognition】 The fact that there has been no dispute, Gap’s 14 through 58, 61 through 65, Eul’s 1 and 6(including each number, hereinafter the same as the same), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the fire of this case occurred from the drums on the Defendant’s paper. As such, the Defendant’s paper shop is liable to compensate for the damages incurred by the drums due to the instant fire pursuant to Article 758(1) of the Civil Act (Liability of Possessor of Structure, etc.).

On the other hand, the defendant Dong Fire is in the name of the defendant.