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(영문) 서울중앙지방법원 2019.01.29 2017나79808

구상금

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. On June 6, 2015, the Plaintiff, an insurer based on fact-finding, determined the insurance period from June 6, 2015 to June 16, 2015, with F Co., Ltd. (hereinafter “Nonindicted Company”); and (2) as property security matters, the Plaintiff concluded an insurance contract with respect to the buildings, houses, and facilities of the G Building H of Young-gu, Yongsan-gu, Seoul Special Metropolitan City (hereinafter “instant store”) in which the Nonparty Company intended to operate beauty rooms on a leased lease to the extent of 300,000,000 won (hereinafter “instant store”); and (30,000,000,000 won for house fixtures; and (50,000,0000,000 won for facilities; and (3) as security matters, the Plaintiff concluded the insurance contract with respect to the instant store’s loss compensation liability for the damages arising from fire within the scope of 00,000 won for each general fire accident.

(hereinafter “instant insurance contract”). The non-party company: (a) leased the instant store and requested the Defendant C, who operated the cosmetic business, with the trade name “I” for the opening of the beauty room business; (b) accordingly, the Defendant C employed Defendant E as a daily employee, and (c) had Defendant E perform the construction of the interior of the instant store from June 7, 2015 to June 15, 2015.

On June 9, 2015, when the term “M” construction was in progress, there was a fire to put the loaded goods stored in “K,” which was the main store of J operation in the first floor of the above G building (hereinafter “instant fire”). due to the instant fire, the store and the goods located in “K,” and due to the electric blocking, there was a damage that the fish and the shellfish of “M” store, which was a restaurant for operation of L, was abandoned.

Defendant E, in relation to the occurrence of the instant fire, has the duty of care to confirm the risk of fire in advance and prevent the occurrence of a fire as a fire handler while performing the construction near the time of the construction.

(iii) confirmation.