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(영문) 서울중앙지방법원 2017.05.25 2015가단5356802

구상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive insurance contract with B, between August 20, 2010 and August 20, 202, with the insurance coverage period, for the building in Nam-gu, Ulsan-si (hereinafter “instant building”), and for the household fixtures, for the insurance coverage amounting to KRW 350,000,000,000,000,000,000,000 (hereinafter “instant insurance contract”).

B. The Defendant, a company running the P.V.C. wholesale and retail sales business, used it as a camping site (hereinafter “the instant camping site”) by leasing a size of 290.9 square meters from D, Ulsan-gu E-gu, Ulsan-gu, 290.9 square meters. The Defendant set up the steel structure in the instant camping site with the floor of the steel structure, and stored plastic pipes, such as the PE double brick, PE pipe, THP oil mission, PE cable, and PE water pipe.

C. On December 23, 2014, around 15:20 on December 23, 2014, a fire (hereinafter “the instant fire”) occurred in the instant camping site, and 10 costs of the vehicle parked in a building and parking nearby F (business name: G), H, I, J, and K studio, along with the damage of loss and contamination.

On March 27, 2015, the Plaintiff paid KRW 55,790,400 to B as insurance money according to the instant insurance contract.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) The camping site of this case is a warehouse that stores plastic materials, and the Defendant did not install any facilities that are cut off from the outside so that foreign substances, such as cigarette butts, etc. may easily enter the storage site of this case, which are thrown away from the outside, by either Smokingers of the surrounding buildings or justs, and did not take protective measures for fire proliferation or fire extinguishment, such as where plastic materials are stored in a large risk of rapid combustion, and a fire alarm is not equipped.

(ii).