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(영문) 서울중앙지방법원 2017.10.31 2017나20653

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) E is a 3rd floor building (hereinafter referred to as “instant building”) on the ground C in the Hanam-si.

2) Of the two floors, 437.58 square meters (hereinafter “instant place of business”).

(2) Around November 2014, the Plaintiff concluded a fire damage compensation insurance contract with E with respect to the operation of the instant plant (hereinafter “instant insurance contract”) with E as follows.

Policyholders and the Insured: The insurance period from November 12, 2014 to November 12, 2019: buildings (10 million won), machinery (50 million won), goods/finished goods (250 million won), and office fixtures (30 million won)

B. On November 8, 2015, around 01:25, a fire (hereinafter “instant fire”) occurred within 65 square meters in a store where the Defendant was preparing to serve a restaurant (hereinafter “instant store”) among the 1st floor of the instant building, and the instant store was removed, and the outer wall and window of the instant building were destroyed by the upper floor of the building, and the machinery, products, office fixtures, and clothing board, etc. in the instant business site were contaminated by their own name.

C. Meanwhile, the Defendant leased the instant store from B and planned to open a restaurant on November 9, 2015, and carried out the interior interior interior interior of the instant store for about one week until the time of the instant fire, and during that process, installed a simplified resting room using the sandbrid location panel.

At the time of the instant fire, the electricity temperature panel was established on the floor of the said simple resting room.

At the time of the instant fire, the Defendant’s employee, who was divingd in a simple resting room in the instant store at the time of the instant fire, experienced respiratory difficulties due to smoke and smelling, and broken out the instant fire first, and reported the fire.

19 members were at the time of their dispatch, the situation where the fire gushes down from the behind of the store of this case.

(e).