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(영문) 서울중앙지방법원 2018.05.31 2017나82255

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a Co., Ltd. (hereinafter “Nonindicted Company”) located in Kimpo-si B.

between the non-party company and the non-party company's building, machinery and apparatus (hereinafter "the damaged building, etc. of this case").

(2) As to the insurance period as to the Plaintiff, etc., the Defendant A operates the “E” located adjacent to the Non-Party Company, and Defendant D non-life insurance Co., Ltd. (hereinafter “Defendant D non-life insurance”) entered into an agreement with the Defendant with the Non-Party A on the “ non-distribution professional fire farction guarantee insurance policy 1507” (hereinafter “Defendant D non-life insurance”).

The special terms and conditions of the above insurance include 300 million won per fire explosion liability (loss) accident.

B. Fire occurrence and damage 1) On October 30, 2016, at around 20:48, a fire is to be fire in the warehouse, Dong, and factory boundary division (hereinafter “instant fire”).

(2) The Plaintiff paid to the Nonparty Company KRW 78,67,138 (the KRW 13,07,093, 65,670,045) as the insurance money for the instant building, etc. on January 16, 2017, the Plaintiff paid to the Nonparty Company KRW 78,67,138 (the KRW 13,07,093, 093, 65,670,045) as the insurance money for the instant damaged building, etc.

C. The results of the investigation by the relevant agencies on the causes of the instant fire are as follows.

1. On October 30, 2016 and October 31, 2016, the 1 Gyeonggi-nam Provincial Police Agency called the scene of each of the instant fire sites to conduct on-site inspections and fire-fighting, and on-site inspections and fire-resistant parts relating to the locations of fire and the causes of fire are as follows:

- The term “E” is used as a fire-generating warehouse or storage of finished products.