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(영문) 서울중앙지방법원 2013.10.18 2012나49635

구상금

Text

1. Payment under the following among the parts concerning Defendant A and Dong Fire & Marine Insurance Co., Ltd. in the judgment of the first instance.

Reasons

1. The facts constituting the basis of the dispute are as follows: while Defendant A leased the first underground floor of the instant building from Defendant B to “D (hereinafter “instant singing room”) and operated the “D” (hereinafter “the instant fire”) on August 11, 2011, the fire occurred in the singing room around October 10:25, 201. The fact that the Plaintiff paid insurance money to F on October 21, 201 in addition to the insurance contract concluded with the representative F of the said main office, the Plaintiff did not dispute between the parties, and the insurer who concluded the fire insurance contract with the Defendant A with respect to the instant singing room, and that the interior facilities and office fixtures of the first floor of the said main office were sleeped to “E”; and that the Plaintiff paid insurance money to F on October 21, 2011 in addition to the insurance contract concluded with the said main office, the Defendant East Family Co., Ltd., Ltd., was not entitled to dispute between the parties, and evidence Nos. 1 (1) and 2 (3) evidence No. 1 (Evidence evidence No. 2), evidence No.

2. The plaintiff asserted that the fire of this case occurred due to the defect in the installation and preservation of the main point of this case. The main part of the fire of this case is the responsibility of the possessor of the structure as stipulated in the main sentence of Article 758(1) of the Civil Code against the defendant A and his insurer, or the liability as a general tortfeasor. The conjunctive is the owner of the structure as stipulated in the proviso of Article 758(1) of the Civil Code against the defendant B, who is the owner of the structure as stipulated in the proviso of Article 758(1) of the Civil Code, or the lessor's default as to the above F. The plaintiff claimed damages equivalent to the insurance money

3. Determination

A. First, as to the Plaintiff’s claim against Defendant A, Dongbu Fire Marine Insurance Co., Ltd., the Plaintiff’s claim was examined, and Article 758 of the Civil Act.