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(영문) 서울중앙지방법원 2017.11.16 2016가단5245282

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From June 1, 2015 to June 1, 2016, the Plaintiff entered into a CMI Polic Poly Insurance Contract (hereinafter “instant insurance contract”) with B, with the insurance coverage as property damage security for solar power plants established on one-line D farm (including 1, 2, and 3 livestock penss) located outside the frontwest-gun of North Korea, the lower court concluded a contract with B on September 25, 2014, and the Defendant is a person who produces and installs power generation facilities, such as solar strings, on the three roof and inside the roof of the said stable around November 2014. < Amended by Presidential Decree No. 25748, Sep. 25, 2014>

B. On April 9, 2014, around 12:45, a fire (hereinafter “the instant fire”) occurred within one stable (hereinafter “the instant stable”) among the said three livestock penss, and the instant livestock pens, etc. were damaged by the solar-powered equipment, strings, etc. installed inside the roof and stables.

C. The results of the investigation conducted by the competent police station, the fire station, and the National Science Investigation Institute, which investigated the fire outbreak point or cause, are as follows:

- Statement by Related Persons E: A reporter E reports the postponement of autopsy at the instant stable and reported it to 119, and the owner B made a statement that he had the smoke and flames after telephone conversations with the reporter E while working inside the instant stable at the time of the fire. - The point of origin and combustion expansion review is discovered near the entrance of the building, but the fire causes may not be ruled out in light of various circumstances, such as the fact that the total building was destroyed by fire due to heat and rapid combustion due to a fire, and the fact that the fire is serious due to the corrosion and rapid combustion spread of the building. - Examination of the fire causes - Examination of the fire causes - the discovery of human and physical conditions by intention and the discovery of each CCTV, and there is no outer access to the building, and there is no trace of the fire.