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(영문) 서울중앙지방법원 2015.12.16 2015가단5293277

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties A 1) A is the Pyeongtaek-si Cdong building from B (hereinafter “instant factory”).

(2) The Plaintiff leased the instant plant, internal facilities, office/non-goods, and machinery, respectively, to KRW 360,00,000,000, KRW 30,000,000, KRW 2300,000, KRW 230,000, KRW 230,000, and KRW 1,00,000,000, insurance premium, and KRW 1,00,00,000, and the insurance period from February 9, 2015 to February 9, 202.2) The Defendant leased the instant factory, internal facilities, office/non-goods, and machinery to possess it as a warehouse for household supplies.

The Defendant’s assistant intervenor is an insurer who concluded a fire insurance contract with the Defendant regarding the storage, inventory, facilities, equipment, and equipment of this case.

B. On July 7, 2015, around 16:12, the occurrence of the instant fire occurred, a fire presumed to have been loaded on the right side of the main entrance to the warehouse of the instant case, and the warehouse of the instant case was expanded to the warehouse through the sandd position panel walls, etc. of the adjacent warehouse.

The French road was expanded to the factory of this case adjacent to the warehouse of this case and destroyed the factory of this case, internal facilities, machinery, etc.

C. The Plaintiff paid KRW 351,402,362, including KRW 80,00,000 and KRW 271,402,362 on September 23, 2015, as insurance money for the instant fire damage, until August 18, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3-1, 2, Gap 4-7 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The main point of the claim 1 based on the liability for damages under Article 750 of the Civil Act is that the fire of this case, based on the principle of care for the handling of cigarette handling by the employees of the Defendant, has been rapidly expanded to the vicinity of the paper stuff attached to the front entrance and exit of the warehouse of this case.

The defendant is very vulnerable to fire.

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