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(영문) 서울중앙지방법원 2020.08.20 2019가단5235910

구상금

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1. The Defendants jointly share KRW 37,806,124 to the Plaintiff and KRW 5% per annum from December 30, 2016 to June 11, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract with the following content.

(Contents of Insurance Contract) Insurance Insurance Policy (D) Insurance Policy Number E Insurance Policy policyholder G insurance policy-insured G insurance period from March 10, 2014 to March 10, 2019: 1,100,000 (insurance Limit) Inventory 20,000,000,000

(H) Damage caused by fire, in relation to the facilities installed and distributed in the building with the total floor area of 5,549.63 square meters of the 5th floor above the 1st underground floor of reinforced concrete structure (subject matter of security) and the 5th floor above the 1st underground floor, and machinery, office fixtures and fixtures, and the goods covered by an insurance policy

B. (1) The insured is the owner of the building covered by the insurance, who operates the automobile maintenance business (F) in the above building. The Defendant B is the business operator operating the automobile maintenance business (K) in the first floor of the IO building adjacent to the above building, and the Defendant C is the employees of the above K.

(2) On November 14, 2016, around 14:22, 2016, as a fire occurred during the building construction of the vehicle in the Dobook of the above K, and thus, the fire occurred to the workplace of the insured, and thus the finishing materials and windows of the outer walls of the building were destroyed, and the inventory assets, such as fuel wheelchairs, co-days, bell, bell, x, box, projector, etc., which were accommodated inside the warehouse of the first floor, have caused an accident involving the occurrence of noise and flood damage.

The fire accident at issue is that the reproduction heat of an electric drying machine is stuck into the combustible material and then burned up on the wind that the defendant C does not leave the combustible quality such as a paint or a stoper in the vicinity of the electric drying machine, while cutting the paint on the vehicle that the defendant C requested to do coloring work, and then treating the vehicle.

C. On December 29, 2016, the Plaintiff paid KRW 37,806,124 out of its amount of damage to the insured on December 29, 2016 as insurance money.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination on the cause of the claim.