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(영문) 서울중앙지방법원 2018.01.10 2017가단5002826

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 30, 2016, the Plaintiff, a company running insurance business, representing 1,943 households of Pyeongtaek-si A Apartment, entered into a housing fire insurance contract with the council of occupants' representatives and the insurance period from April 30, 2016 to April 30, 2017; the subject matter of insurance, consisting of 25 units of the above apartment and their affiliated buildings, household tools, house fixtures, and household fixtures; and the amount of insurance coverage as total of 256,421,238,00 won to cover damage if a fire occurs in the subject matter of insurance.

(hereinafter “instant insurance contract”. On July 26, 2016, around 17:12, 2016, A apartment No. 1023, 803 (hereinafter “instant apartment No. 803”) subject to the instant insurance contract.

() A fire occurred in the vicinity of the air conditioner room in the air conditioner room in the instant case, and there were damages, such as a fire, a fluor, etc., and a fluoring or fluoring the interior of the instant household No. 803. The fire was caused by a total of KRW 39,019,152 (hereinafter “the fire of this case”) with fire on the outer wall of apartment units and on the lower household, and on the following household units, the fire caused a total of KRW 702, 703, 903, 103, 1103, 1703, and common areas (hereinafter “the fire of this case”).

B. At the time of the instant fire, the air conditioner was operated. However, the air conditioner was manufactured on June 2007 by Samsung Electronic Co., Ltd., and the head of Samsung Electronic Co., Ltd., the head of the household of the instant apartment No. 803, around May 2013, and the air conditioner and the air conditioner were installed at around 803 of the instant apartment.

With respect to the cause of the fire of this case, the competent fire station determined that the cause of the fire of this case was “the mechanical factors/hetor, and the competent police station determined that it was “the cause of combustion,” and concluded that the National Institute of Scientific Investigation determined that “the traces formed by the electrical heat from the distribution line connected to the air control tower of the air control unit, and that there is a possibility that the national heat on the part of the air control unit might have functioned as the source of combustion.”

The Plaintiff’s apartment No. 803 on September 27, 2016 and October 2, 2016.