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(영문) 서울중앙지방법원 2017.09.29 2015가단5373081

구상금

Text

1. The Plaintiff:

A. Defendant A and Samsung Fire and Marine Insurance Co., Ltd. jointly share 18,959,312 won and 12,073 among them.

Reasons

1. Facts of recognition;

A. On October 29, 2013, the Plaintiff entered into a package insurance contract (hereinafter “instant insurance contract”) with each household owner of Yeonsu-gu Incheon Metropolitan City with respect to the building and power generation facilities of 5th floor above the ground of d3 Dong (hereinafter “instant shopping building”) in Yeonsu-gu, Incheon. From October 30, 2013 to October 30, 2015, the insured is the owner of each household, and the insured is the owner of each household to compensate for losses that may arise from the accident in the instant commercial building (hereinafter “instant insurance contract”).

B. Defendant A and B are joint business operators running a restaurant (hereinafter “instant restaurant”) with the trade name “D” from Nos. 301, 207, 208 (No. 207, 208, respectively; hereinafter “instant commercial building No. 207,” and “No. 208,” and Defendant B is the owners of the said 207.

Meanwhile, Defendant A and B concluded each insurance contract (hereinafter “instant Samsung Fire Insurance Contract”) with the Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) to cover property damage and liability for damage to third parties arising from fire, etc. that may arise while running the instant restaurant.

C. On June 19, 2014, around 12:40, the instant restaurant caused a fire by putting the engine duct installed on the main erode of the instant restaurant (hereinafter “instant fire”). Accordingly, the said fire was damaged by the slves and 207 and 208 of the instant commercial building. The toilet pipes of the instant commercial building Nos. 307 and 324 were small damages, and the strengthened 505 of the instant commercial building caused the damage to the ventilation facilities, etc. of the instant commercial area.

As a result of the investigation into the fire site of this case, the Incheon Fire Agency's fire station in the main place of the restaurant of this case, and prepared food prior to it, and there are a large amount of oil sludge in the virtue straw.