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(영문) 서울중앙지방법원 2020.02.11 2018가단26497 (1)

구상금

Text

1. The Defendant’s KRW 41,938,940 and KRW 23,797,600 among the Plaintiff’s KRW 23,79,60, respectively, shall be KRW 18,141,337.

Reasons

1. Facts of recognition;

A. The Plaintiff (formerly: E Co., Ltd.) concluded an insurance contract with the insured F, with the content that the insurance period is from November 24, 2015 to November 24, 2020, with respect to all the buildings, movables, and facilities of the Gangseo-gu Seoul Metropolitan Government G Building H-dong (hereinafter “instant building”) (hereinafter “instant building”), which was leased by F, and entered into a contract with K insurance (hereinafter “instant insurance”).

Under the instant insurance contract, the subject matter of insurance and the amount of the relevant insurance shall be as specified in attached Table 1.

B. The Defendant has operated “M” in L among the instant buildings.

On September 3, 2017, the defendant, around 23:10, had fryed food oil on the fry container in order to refry to the fry against the frying vessel.

During that period, there was a fire caused by the incidentalism on the part of the defendant, such as holding a story in front of the kitchen, which was caused by edible heat, and the fire was spread inside the ceiling through the refrative air exhauster, and as a result, F caused damage, such as the damage of the above building, movable property, facility, water erosion, and its sound, which was leased or owned by F.

(hereinafter “instant fire”)

(C) The Plaintiff, by November 10, 2017, paid KRW 39,662,673 on the instant fire; KRW 23,635,219 on other facilities; KRW 9,904,954 on movable property; KRW 1,747,50 on movable property; KRW 39,898,236 on the instant fire; KRW 4,375,00 on the instant fire; and KRW 39,62,673 on the instant fire; and KRW 39,662,673 on the instant fire; KRW 30,235,563 on the instant insurance; and thereafter, the Plaintiff paid KRW 30,235,563 on October 19, 2018 on the instant fire; and the Plaintiff did not have any dispute over the instant fire number 1,689,2363 on the instant fire.

hereinafter the same shall apply.

each entry, the purport of the whole pleading

2. The plaintiff's summary of the claim caused the fire of this case due to the defendant's negligence, which caused the damage of FF to KRW 69,898,236.