beta
(영문) 서울중앙지방법원 2020.02.12 2016나38008

구상금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. With respect to the building “G shopping center Hdong” (hereinafter “instant building”), the Plaintiff is an insurer who entered into a fire insurance contract with J and the instant building H as to the building No. 1. As to the building No. 1, the Plaintiff is an insurer who entered into a fire insurance contract with L as to the building No. 1.

The Defendants leased the instant building No. 1 and used it as the “O” office.

B. On February 9, 2015, a fire occurred on or around 08:10 on the instant building (hereinafter “instant fire”), and the inside of the instant building was destroyed due to the instant fire.

C. On May 28, 2015, the Plaintiff paid 37,278,320 won to E, and 34,013,639 won to J from April 14, 2015 to August 28, 2015, and 52,656,317 won to L from July 6, 2015 to October 27, 2015.

7. Determination of a point of origin - The point of origin is presumed to be a right part at the entrance of the office of origin when considering the witness's statements, burning and collapse level in the field.

8. Examination of the causes of fire - Personal care - No person living in the office at the time of fire - there was no person living in the office at the time of fire and there was no trace of garbage incineration, etc. around the office, and the possibility of human care is low, but electricity could not be completely excluded from the possibility of combustion due to care due to care pellets, while the office entrance was temporarily set off pelpel, electricity was under the transit, and there was an air container, cold ion pipe, TV, set-top, PC, FAx, PC, electric shock, electricity dial (3kw, 15 p) with electric wires (15 p) - At the wall contact at the right side of the office entrance of the office entrance of the office - At the wall chain at the point of the office - At the point of the office entrance of the office - At the point of the office string, the other one is judged to be the situation where the mick cable was laid off, and the last mick cable was found to be sle near the final string line.

9. Conclusion, the fire of this case occurred at the O office, and the point of combustion is located at the office.