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(영문) 서울중앙지방법원 2018.05.16 2016가합508916

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. The Plaintiff is an insurance company that runs various insurance business, such as non-life insurance business, and the Defendant is a company that runs the business of manufacturing, processing, and selling polybane in the factory located in Pyeongtaek-si C (hereinafter “instant factory”), and D Co., Ltd. (hereinafter “D”) operates Pyeongtaek-si factory (hereinafter “D Pyeongtaek-si factory”) adjacent to the instant factory as a company that runs food material business and food service business.

B. As between January 19, 2015, the Plaintiff entered into a package insurance contract (property comprehensive insurance) with D, the insurance period from January 19, 2015 to January 19, 2016; the insured from January 19, 2016; the insured from January 19, 2015 to January 19, 2016; the subject matter of the insurance is collectively determined as the buildings, structures, machinery, vehicles transport equipment, fixtures, inventory assets, etc.; and the Plaintiff entered into a package insurance contract with additional property risk security, machinery risk security

(hereinafter “instant insurance contract”). C.

On August 21, 2015, around 01:50, a fire occurred in an outdoor warehouse in the instant plant (hereinafter “instant outdoor warehouse”) and the occurrence of an accident that causes damage to the instant insurance object.

With regard to the cause of the instant fire, the legal assessment by the National Institute of Scientific Investigation stated as follows: “The instant outdoor storage and its surroundings do not have any other electric equipment, including electric power distribution lines,” and considering the fact that the part, which is identified as a scams inside the factory of the instant outdoor warehouse, is excluded from the possibility of the outbreak due to electric cause, and as a result of the chemical analysis of the residues of finished products, it was classified as polystan department, and it is classified as polystan department, and the possibility of naturalation in the process of storage of finished products is excluded from the possibility of naturalation because it is not likely to natural combustion or it is not classified as a dangerous substance.” The written assessment by the Pyeongtaek-si Police Station on the unscambol metal is highly likely to be generated by the unfirer, such as scamrheat or