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(영문) 서울중앙지방법원 2016.05.17 2015가단36714

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a fire indemnity insurance contract with respect to the building, facility, and house fixtures located on the eightth floor of the building A and Sungnam-si Section B (hereinafter “instant building”) by setting the insurance period from July 12, 2013 to July 12, 2016, with respect to the building, facility, and house fixtures located on the eightth floor of the instant building.

B. On July 20, 2014, around 14:17, a fire (hereinafter “instant fire”) occurred in the “Eanchee treatment place” (hereinafter “the instant massage treatment place”) located on the 6th floor of the instant building, and caused damage, such as noise, etc., to the buildings, facilities, and office fixtures, etc. of the “C publicly notified telecom” up to the “C publicly notified telecom” of 8th floor in the non-breadth.

C. The findings of the investigation of the fire site in this case as follows are as follows.

① The staff of the massage practice center stated that a large quantity of sounds sleeped on the corridor while being sleeped inside the room of the place of business was cut off, and that a large quantity of sounds sleeped on the corridor near the corridor was opened and taken shelter to the exit exit, and that the smoke was rapidly spreading and the smoke was led to a sleep.

(2) The overall fire-fighting room and the burning-out shape in the interior of the massage treatment room are shown to be the expansion of burning-out shape to the floor in the ceiling of the corridor near the equipment room. Since the equipment corresponds to the place where the first stringr's fire-proof witness falls, it is presumed to have been first launched in the ceiling of the corridor near the equipment room.

③ In the course of internal excavation, fire-prevention factors, mechanical factors, and other incidental factors are not discovered, and in relation to electrical factors, a large number of falls and melting tracess are discovered from the corridor ceiling near the interior equipment of the massage terminal presumed to be inflammable point to be inflammable, but special factors observed in the residuess due to the influence of flames are identified as primary or external heat tracess.