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(영문) 서울중앙지방법원 2017.11.30 2016가단5209415

구상금

Text

1. The Defendants jointly share KRW 37,460,260 with respect to the Plaintiff and the period from August 13, 2016 to November 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a fire insurance contract with D Co., Ltd. (hereinafter “Nonindicted Company”) and F Co., Ltd. in Suwon-si E (hereinafter “instant building”).

B. On June 13, 2016, the Defendants: (a) contracted the steel-frame reinforcement work on the floor of the second parking lot of the first floor of the instant building from the Nonparty Company; (b) destroyed the studio of the first floor parking lot, electric facilities, and collection fixtures, etc. on the wind, which had been employed by the contact work around 16:03, on the ground of the first floor, with a studio electric wires located far away from underground floors; and (c) destroyed the studios, electric facilities, and collection fixtures, etc.

(hereinafter referred to as “instant fire.” At the time, the Defendants did not remove combustible materials, such as the first floor electric wires, which may fall under the contact price, or install a prevention spreading.

C. The company suffered 62,433,768 won due to the instant fire.

On August 12, 2016, the Plaintiff paid KRW 62,433,768 of the insurance proceeds from the instant fire to Nonparty Company in accordance with the instant insurance contract.

[Evidence Evidence] Defendant B: A without dispute, Gap 1-9, the purport of the entire pleadings, Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act).2.

A. According to the above recognition facts, the defendants engaged in the contact work did not take such measures despite the duty of care to remove the quality of combustible materials, such as the first floor electric wire, which could fall under the contact price, or to prevent fire by installing a prevention capture, and did not take such measures, and caused the fire of this case by negligence adjacent to the first floor electric wire, etc., so the defendants are liable for damages caused by the fire of this case to the non-party company.

B. The following circumstances recognized by the fact of limitation of liability recognition and recognized evidence, namely, ① the contact work was conducted on the first floor of the ground, and the fire was not around, but directly caused by the first floor electric wires below the lower underground, and ② The Defendants’ odor and smoke from the first floor above the work process.