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(영문) 서울중앙지방법원 2018.05.31 2017나51947

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance contract with B on June 9, 2009 to June 9, 2014, the insurance period of which is 28,000,000 won for damage, such as fire and collapse of the building (hereinafter “Plaintiff fire insurance contract”) with respect to the 47 square meters of the panel, gone-story, gone-story, gone-story, gone-story, gone-story, the gone-story, the gone-story, the gone-story, the gone-story, the gone-story, the gone-story, the gone-story, and the gone-story (hereinafter “instant building”).

B. On July 18, 2011, B entered into a lease agreement between the Defendant and the Defendant to lease the instant building (hereinafter “instant lease agreement”) with the term of lease from July 22, 2011 to July 222, 2013, the lease deposit of KRW 10,000,000, monthly rent of KRW 500,00,000, and the Defendant’s Dongchid operated the instant building as “E” from the instant building.

C. On April 13, 2013, the occurrence of a fire on the instant building, which caused damage to the roof, wall, ceiling materials, etc.

(hereinafter “instant fire”). D.

As to the fire cause of this case, the South Yang-in fire station investigated the heat source, the cause of the outbreak, and the first cargo in the fire station as follows:

The fire of this case is the case in which the possessor D discovered and reported the flames around the main electrical outlet while snicking the smelling in the main room. Fire possibility is rarely snicking the fire of this case. The electrical factors are collected based on D’s statement, such as the main electrical electrical electrical outlet, exchange wind cable, air conditioner, water purifier, and other main electrical wires, but it cannot be determined as to electrical factors because of its discovery of peculiar factors. The mechanical factors are not equipped with equipment in the main room. Gas leakage is excluded because D does not use the facilities for the use of electrical equipment in the main room. In order to make the main room ordered by customers, the street snick is used except for the use of gas.