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(영문) 서울중앙지방법원 2019.07.18 2017가단5153915

구상금

Text

1. Defendant D’s KRW 9,513,666 and the Plaintiff’s annual rate of KRW 5% from June 30, 2017 to July 18, 2019.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a fire insurance contract for E and the insured with the term of insurance “E”, “E from July 12, 2010 to July 12, 2017,” “F buildings and the first floor H of G Dong-dong (hereinafter “GG-dong building”), and the details of the coverage “business suspension damage, facility-owner liability, food liability security, gas accident liability security, and lessee liability security” with the contents of coverage “I”.

E entered into an insurance contract with the Plaintiff and operated a restaurant of H on the first and second floors G Dong.

Defendant B entered into a lease agreement with Defendant C on the J-dong Building located in the F-dong Building (hereinafter referred to as “J-dong Building”) when a fire occurred under the Defendant C, and Defendant D is the husband of Defendant B.

Defendant C is the owner of Jdong building.

B. On April 5, 2017, the occurrence of the instant fire, around 13:14, in a single room of the Jdong building, there was a fire that burns approximately KRW 198 square meters of a household store in which the flame is sun-dried in a single-fluorial room (hereinafter “instant fire”), and around 14:00 on the same day, there was a damage caused by fire, such as a heat generated by burning the fire through a wall, a exhaustr, a smoke, etc., in the first floor of the Gdong building, in which E was occupied and used by the main room, business place, etc., and air-conditioning facilities such as air-conditioning, windows, windows, and a restaurant, etc.

The fire site survey prepared by the head of the Ansan fire station shall be presumed to be inside the main part of the right side after the building as a result of the integration of the statements and identification of the fire fighters, and the path of combustion expansion shall be presumed to have been rapidly burned and expanded to the structure materials and internal furniture of the sandd Location Panel at the right side of the building after the consolidation of the statements and identification matters of the fire fighters, and the cause of the outbreak of the fire site identification in the Gyeonggi-do Southern District Police Agency shall be presumed to be an electrical factor.

[Ground of recognition] There is no dispute.