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(영문) 서울중앙지방법원 2018.12.14 2017가단5194336 (1)

구상금

Text

1. The Defendant’s KRW 20,047,748 as well as the Plaintiff’s annual rate from September 21, 2017 to December 14, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff entered into a comprehensive insurance contract with respect to the fire that occurred in the “C Point” located in the Seodaemun-gu, Busan (hereinafter “C Point”). The Plaintiff is an insurer who entered into the instant insurance contract (hereinafter “instant insurance contract”). The Defendant is an insurer who entered into a fire fluor security insurance contract with the operator F of the Busan B’s B’s business located behind the Seodaemun-gu, Busan. The Defendant is a fire fluoring restaurant (hereinafter “E”) with the content that compensates for the damages incurred in relation to the fire that occurred in the Chinese house in this case.

B. On August 2, 2017, around 19:27, at the instant Chinese house, a fire was caused by a snacking the smelling length in the vicinity of the smell during the outing, while setting the smelling gas level G into gas bags located in the kitchen G at the instant Chinese house. On the other hand, a fire was caused by a snacking fire from the outside of the smelling season, and a fire was destroyed inside the instant text store due to the spreading of a snack gas.

(hereinafter “instant fire”). C.

The East Fire Station and the Busan Coast Control Police Station concluded that the fire in this case is a human care that did not periodically clean the e-mail and surrounding areas and the e-mails inside and outside the Chinese house of this case, and that the fire in this case spreads to the wall the high heat of gas bags, which is gas bags, in the process of being cooked. The fire in this case is presumed to have been burned out to the outside through a gas pipe installed in the upper part of the gas train, and the fire in this case is presumed to have been burned up to the point of this case that is stuck to various kinds of household garbages located outside the Chinese house of this case.

A suffered a loss equivalent to KRW 41,649,798 due to the instant fire, and the Plaintiff paid KRW 32,542,688 as insurance money to A on September 20, 2017.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. Determination.