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(영문) 서울고등법원 2018.12.06 2018나2025166

손해배상(기)

Text

1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:

The plaintiff's primary domicile and the plaintiff's primary domicile.

Reasons

1. Basic facts

A. (1) Defendant B is an owner of 407.6 square meters of a building of 2nd floor reinforced concrete building on the land in Yongsan-gu, Seoyang-gu, Seoyang-si, Seoyang-si, and is a person residing on the second floor of the above building at the time of fire. (2) Defendant C is a person who leases the first floor of the above building (hereinafter “instant restaurant”) and operates the restaurant in the trade name of “F”, and Defendant D is an insurer who entered into a fire insurance contract with Defendant C.

3) The Plaintiff is a building of 441 square meters (factory 395 square meters and 46 square meters; hereinafter “instant maintenance center”) on the ground of the 1st floor of the 1st floor and the building of the building of the Gogdong-gu Seoul Metropolitan City, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City,

(B) in the name of “A”, a company engaged in the automobile maintenance business. B. The structure of the instant restaurant and the mechanic 1) the lower part of the instant restaurant is annexed to the warehouse, and the warehouse was kept in the warehouse.

The maintenance office of this case is divided into the front Dong and the rear Dong, and the warehouse was attached to the sandd position panel in the latter Dong, and the warehouse was kept in the warehouse.

2) The location and structure of the restaurant and maintenance office of this case and the warehouse attached thereto are as indicated in the following drawings (hereinafter, from the left side of the drawing up, the warehouse attached to the restaurant of this case (hereinafter, referred to as the "cafeteria") and the warehouse attached to the restaurant of this case (hereinafter, from the left side of the drawing up), and the tent warehouse located adjacent to the same side of the restaurant B shall be "the tent warehouse of this case", and the warehouse attached to the mechanic of this case shall be "the warehouse of this case".

3) On December 16, 2016, a fire in the vicinity of the instant restaurant and the instant cafeteria (hereinafter “instant fire”) is located close to the instant cafeteria. (c) On December 21, 2016, around 21:50, a fire in the vicinity of the instant restaurant and the instant cafeteria (hereinafter “instant fire”).

A. As a result, the restaurant of this case is alone.