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(영문) 서울중앙지방법원 2017.07.04 2016나59333

구상금

Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into a fire insurance contract with the insured Party B, the purchase amount of insurance to KRW 75,000,000 with respect to the building D’s ground (hereinafter “Plaintiff building”) in Incheon Reinforcement-gun, and the Defendant is the heir of the network A who was the owner of the building E on the ground of Incheon Reinforcement-gun, Incheon (hereinafter “Defendant building”).

B. Both the Plaintiff and the Defendant’s building and the second floor of the Plaintiff’s building were built in the 1930s, which stand between the walls without a separation distance. On March 29, 2015, a fire occurred between the second floor ceiling and the roof attached to the Plaintiff and the Defendant’s building on March 29, 2015, the second floor of the Defendant’s building and the second floor of the Plaintiff’s building were cement, different from the second floor of the Defendant’s building, and fire spread to the first floor.

All of them were destroyed.

(hereinafter “instant fire”). C.

At the time of the instant fire, the Defendant’s building had a comprehensive price discount set on the first floor of the Defendant’s building, and the second floor of the H coffee shop, and there was clothes set on the first floor of the Plaintiff’s building and the J branch of the reinforced new cooperative, and G and new cooperation storage on the second floor of the Plaintiff’s building.

A building floor plan shall be as follows:

The Plaintiff determined KRW 26,054,019 as damages and paid it to B on June 19, 2015, in total, KRW 23,685,472 and KRW 2,368,547, including the cost of restoring and repairing the Plaintiff’s building and the cost of removing remaining products.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, purport of whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in the electrical distribution line between the ceiling and the roof of the Defendant’s second floor, and thus spreading to the Plaintiff’s building. Although the cause of the fire was not clearly revealed, there were defects in installation and preservation of electric power distribution lines and fire-fighting systems not installed to prevent the spread of burning, and resulting in the spread of the fire, thereby causing damage to the Plaintiff’s building. Thus, the Defendant is the owner of the Defendant’s building.