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(영문) 서울중앙지방법원 2017.12.14 2016가단5303393

구상금

Text

1. The Defendant’s KRW 31,177,532 as well as the Plaintiff’s annual rate of KRW 5% from November 5, 2016 to December 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty A entered into an insurance contract with Kimhae-si B apartment No. 117 Dong 707 (hereinafter “instant apartment”) and its home appliances, etc., with the subject matter of insurance. The insurance period is from January 29, 2016 to January 29, 2021. In the event that property damage, etc. occurs to the subject matter of the said insurance due to a fire or other insured event, the Plaintiff entered into an insurance contract with Nonparty A (hereinafter “instant insurance contract”).

B. The husband C and his/her family members purchased an electrical massageer (a model name: SF-A07B; hereinafter “the instant massageer”) produced by the Defendant on December 26, 2013, and used it to be installed on the window of the window of the main room of the instant apartment (hereinafter “the instant apartment”). On September 11, 2016, around 03:58, a fire was put to a strong fireproof part, and the said building and furniture were issued a fire, which partially was destroyed by the said apartment building and furniture (hereinafter “the instant fire”). On November 4, 2016, the Plaintiff paid KRW 4,539,329,329 under the insurance contract of this case to the said A.

C. Regarding the cause of the instant fire, the summary of the on-site identification report prepared by the head of the Gyeongnam National Police Agency Scientific Investigation Team on September 11, 2016, the internal investigation report prepared by the police officer in charge of the Gyeongnam Kim-dong Police Station on October 7, 2016, the written appraisal prepared by the head of the Busan Scientific Investigation Research Institute on October 6, 2016, and the fire site investigation report prepared by the head of the competent fire station is as follows in order.

1 On-site identification report: ① as the small bank in this case was removed first, the flames were expanded due to the main bank around it, etc.; the euma in the small bank in this case is also the euthanasia, which remains only the press of iron systems, and ② Analma flass fluor’s electric power source fluor.