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(영문) 서울중앙지방법원 2018.03.22 2017나6657

구상금

Text

1. The defendant's appeal is dismissed.

2. The appeal costs include the part arising from the Plaintiff’s participation.

Reasons

1. Basic facts

A. From April 20, 201, the Plaintiff: (a) around April 20, 201, between B and B, the Plaintiff is a D store located in Seongbuk-gu, Sungnam-gu, Sungnam-gu (hereinafter “victim shop”).

(E) With respect to restaurants (F, the transferor of the title of business registration) operated in the trade name “E”, the insurance period is from April 22, 2011 to April 222, 2014; the fire security (facilities) KRW 30 million; fire security (house security) KRW 500,000; fire security (movable property) KRW 300,000,000,000,000 won (hereinafter referred to as the “instant insurance contract”).

2) G is the spouse of G and the Defendant is the spouse of G in the middle-gu Seoul Metropolitan Government H store located in the location of the damaged store (hereinafter “instant store”). G is operating a window in the name of “I” in the middle-gu Seoul Metropolitan Government H store located in the location of the damaged store.

B. Fire occurrence and damage 1) around 02:40 on December 4, 2012, the fire inside the instant store (hereinafter “instant fire”).

2) The operator of the damaged shop suffered loss of the facility repair cost 3,249,725 won due to the instant fire. (2) The operator of the damaged shop suffered loss of the equipment repair cost 3,249,725 won.

C. 1) Opinions of the relevant agencies on the cause of fire are as follows: (a) the National Scientific Investigation Agency of Korea may consider the type of burning the fire site and the location of the electrical distinctive points, the point where the fire occurred can be limited to the main part of the instant store; and (b) if it is possible to exclude the outbreak due to human factors, the possibility that the fire occurred by the electrical heat or the flame, which was revealed in the process of forming a scopic scam, identified in the main cable of the instant store, in the process of forming a scopic system identified in the cable, which is located in the main line of the instant store. (b) The Seongdong-gu Police Agency of the Sungnam Police Agency of the Republic of Korea, based on the appraisal opinion of the said National Scientific Investigation Agency of Korea and the initial reporter’s statement, etc., was first launched at