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(영문) 서울중앙지방법원 2017.12.15 2016나57429

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Facts of recognition

On December 27, 2010, the Plaintiff entered into an insurance contract with the parties, and the Plaintiff entered into an insurance contract with the content of compensating for losses in the event of fire, etc. on the building located at A and Jeju (hereinafter referred to as the “instant building”).

The instant building is owned by A’s ASEAN, and at the time of a fire, C’s steering mother used and resided in electric sets (hereinafter “the instant electric sets”) in a small room of the second floor.

On February 28, 2015, around 19:34, the instant building caused a fire in the second floor where the mother of C was residing, and the inside of the instant building was destroyed by a small loss, and the damage, such as flood, flood, etc., was inflicted on the facilities and the house fixtures of the first floor lessee.

As a result of fire-fighting, the head of Jeju Provincial Police Agency, Jeju Fire Officer, and the National Science Investigation Institute's identification results and appraisal opinions on the causes of the fire of this case include the following matters:

The Jeju Provincial Police Agency (A-7) its site is identified as being melted with electric sets and sprinks, which are presumed to have started with burning and have been spread outside the dwelling space and the shape spreading outside the dwelling space, and there is a possibility that electric shocks and sprinks might have been spreaded above the be identified as a nationwide underwater heat, due to fire, and there is a possibility that electric shocks could have been spread above the be identified as a sprinks where the heat from the above sprinks was exposed to fire. It is concluded that it is hard to conclude that the other inflammables, etc. planned to request appraisal by the National Scientific Research and Research Institute after collecting the temperature control devices of electric sets at the site of the National Research and Research Institute (A-5-14, B-14, and 5-6) are taken or peculiar parts of the inflammable Fire Service Book (A-5-14, and B-1) which are purchased at the site of the National Research and Research Institute for appraisal, so as to use electricity with many inconvenience.