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(영문) 서울남부지방법원 2018.07.12 2017가합112752

손해배상(기)

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. On April 5, 2010, the Plaintiff is an insurer who entered into a property comprehensive insurance contract with the Han River Co., Ltd. as the insured on April 5, 2010, and with the insurance period from August 9, 2015 to August 9, 2016.

B. On March 20, 2016, around 12:17, the building and machinery owned by the Han River Co., Ltd. were partly destroyed due to fire in the small captain in the factory of the Han River Co., Ltd. located in 127-27, Yangyang-si, Yangyang-si, Yangsan-si.

(hereinafter “instant fire”). Accordingly, the amount of damages incurred to the Han River Co., Ltd. is KRW 468,744,237.

C. immediately before the occurrence of the instant fire, the Defendant carried out the construction of replacing the recycling pipe from the outer wall of the said detailed captain, while cutting the pipes into a melting bar. D.

As a result of the assessment by the National Institute of Scientific Investigation on the causes of the fire of this case, the results of the fire site inspection in Yangsan Fire Station are as follows.

2. Review:

A. The burning shape of a Sejong Master’s building is the shape in which the front right-hand part of the building located on the front side of the front side of the building after the scrap scrap scrap and salt acid scrap equipment is seriously burned, and the burning is expanded by the inner left-hand side of the building centered on the same part, and the cross-scepts are distinguished from the front right-hand part of the Sejong Master’s building at the front right-hand part of the Sejong Master’s building.

Among the front part of the right side of the building presumed to be inflammable point, there was a statement that there was a cutting of recycled water pipes before the occurrence of a water-related fire in the part of the front part of the building outside the Sejong master's building and the front part of the salt acid scrap, and the fact that the cutting of pipes is confirmed in this part.

At the time of the excavation of the floor of the log screen and the front and rear of the salt acid scrap that had been cut, there is no special distinction between them as to whether it is related to the emitting of fire, and there is also a melting machine that has been moved after fire in the same lawsuit.