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(영문) 서울중앙지방법원 2015.04.28 2014가단5059951

구상금

Text

1. The Plaintiff, Defendant A and Defendant Hyundai Marine Fire Insurance Co., Ltd. jointly share KRW 46,362,212, and Defendant.

Reasons

1. Basic facts

A. On September 8, 2011, the Plaintiff, as an insurer, entered into a contract with C to provide chemical goods with the amounting to KRW 489,110,00 (hereinafter “instant mutual aid contract”) from September 8, 201 to September 8, 2013 with respect to the multi-family house building 532.82 square meters (hereinafter “instant building”) owned by C during the contract period, from September 8, 2011 to September 8, 2013.

B. From September 17, 2012, Defendant A leased 205 of the instant building (hereinafter “instant lease”) (hereinafter “instant studio”) from C, and had Defendant B’s children reside in the instant studio from September 24, 2012.

C. The Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “former Sea”) and the Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Dongbu Fire”) are each insurers who concluded an insurance policy covering family life liability as the insured by Defendant A and Defendant B.

On January 10, 2013, at around 05:20, a fire occurred in the studio of this case where Defendant B resided (hereinafter “the fire of this case”). The studio of this case was destroyed by the combustion of the fire of this case, and the outer wall of the building of this case, stairs, corridor, door door, the 1st floor parking space ceiling, pipes of 205 and 305, and bathing rooms of 305 were also damaged, and the repair cost therefrom is equivalent to KRW 46,362,212.

E. On March 15, 2013, the Plaintiff paid KRW 46,362,212 as insurance money to C in accordance with the instant mutual aid agreement.

F. Meanwhile, it is presumed that the fire fighting unit was generated from electrical causes in the main part of the instant room room room and the joint part of the connection wire. However, the National Institute of Scientific Investigation did not verify the flammable substance from the main floor of the instant case, and it is judged that the specific cause cannot be confirmed, and the Korea Electrical Safety Corporation found the electric wires remaining in the studio of the instant case to be a fire trace caused by electrical causes.