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(영문) 서울중앙지방법원 2017.01.13 2016나30899

구상금

Text

1. The plaintiff's appeal against the primary defendant A and Dong fire insurance company is dismissed, respectively;

2. The first instance.

Reasons

1. Basic facts

A. Defendant B is the entire owner of the 4th floor building located in C (hereinafter “the instant building”). Defendant A, around October 2009, leased 20 square meters of the 1st floor store of the instant building from Defendant B (hereinafter “the instant store”) and operated a Chinese restaurant in the name of “G”. Defendant Dongbu Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Dong Fire”) concluded a contract between Defendant D and D, the spouse of Defendant A, to compensate the owner of the instant store for the damages, including the liability to compensate for the owner of the facilities. 2) On the other hand, Defendant B also leased the 1st floor store (the instant store and rectangular direction; hereinafter “damage store”) of the instant building from Defendant B to sell goods with “H”, and the Plaintiff entered into a contract with Defendant Dongbu Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant Dong Fire”) with “the subject matter of insurance policy” as “the subject matter of insurance policy”). < Amended by Presidential Decree No. 23020, Dec. 27, 2012>

B. On August 15, 2012, around 17:14, 2012, the fire of this case was observed by D (Defendant A’s wife) (hereinafter “the fire of this case”). The fire of this case was spreaded and 10 square meters of the annual conference of the store of this case was damaged due to the instant fire’s infiltration to the damaged shop, and the fire of this case’s fire was damaged due to the delay in the passage of the damaged shop. (2) The Plaintiff calculated the amount of damages by determining that the resale of the damaged Buddhist goods was impossible due to delay, and the Plaintiff paid the insurance money of KRW 51,203,480 in total to E (= KRW 30 million on November 3, 2012), and KRW 200 on October 18, 2012, KRW 30,480 on August 28, 2012).

3. As to the cause of the instant fire, appraiser F belonging to the National Institute of Scientific Investigation and Investigative Research, the reason for the instant fire is as follows: “Intake-in ships and flag plates remaining in the cruel sea of burning light, indoor vessels, and tights.”