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(영문) 서울중앙지방법원 2016.11.23 2016나46603

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. (1) On August 7, 2013, the Defendant leased and used the lease deposit amount of KRW 10,000,000, monthly rent of KRW 700,000, and the lease term of KRW 700,000 from August 24, 2013 to August 23, 2015.

(2) The Plaintiff concluded an insurance contract that covers fire damage, etc. caused by the instant building, electronic equipment, and transformation power generation facilities, etc., with the insurance period from July 20, 2015 to July 20, 2016, with the Plaintiff as the owner of each household of the instant building, on the ground that the Plaintiff and the Plaintiff were the owner of each household of the instant building.

B. (1) On August 20, 2015, around 17:10 on the investigation of the occurrence and cause of a fire, a fire was caused by air conditioners installed in the instant office (hereinafter “instant fire”) and damaged the wall surface of the main side of the instant office and the garment of the ceiling, and a flood damage was caused by a fire.

(2) After conducting an on-site investigation on the instant fire, in light of the Defendant’s representative director’s statement that the wall site installed in the instant office is presumed to have been first generated from the air conditioner, the wall site was cut off from the electric line of the air conditioner equipment, and that the air conditioner continued to operate the air conditioner from 10:00:00 am to 10:0 am to 10:0 am to 10,000 am to am to am, the excessive phenomenon of the electric power line due to the use of air conditioner is presumed to be the cause of the instant fire.

C. On December 15, 2015, the Plaintiff paid KRW 8,506,973 of the insurance proceeds from the instant fire to the Non-Television Construction.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, and Eul evidence 2, respectively.