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(영문) 서울중앙지방법원 2019.06.26 2018나36150

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an insurer who entered into a fire insurance contract with Nonparty E as follows with respect to G stores located on the first floor of the building in the Yongsan-gu Seoul Metropolitan City (hereinafter “instant building”).

Insurance period: From June 11, 2013 to June 11, 2014, the purchase amount of insurance: 23,000,000 won (house fixtures KRW 3,00,000, inventory assets KRW 20,000) (2) The Defendant entered into a facility management service agreement with the non-party H Co., Ltd. (hereinafter “H”) who is the owner of the instant building on February 20, 2012, and performed the facility management work of the instant building on consignment.

B. (1) Around April 28, 2014, Nonparty I Co-Defendant C Co-Defendant C Co-Defendant C Co-Defendant of the first instance trial (hereinafter “C”) awarded a contract for the installation of water supply, water supply, water supply, drainage, fire pipes, gas pipes, and ducting construction of the first underground floor, and C subcontracted the gas pipeline construction of the first underground floor to Co-Defendant D Co-Defendant D (hereinafter “D”) of the first instance trial on May 13, 2014. On the same day, D re-subcontracted the construction subcontracted to Nonparty J on the same day.

(2) From May 13, 2014, J proceeded with the removal, installation, etc. of the gas pipes of the first floor underground. From May 13, 2014 to May 26, 2014, at around 09:00, the piping K and melting LAW, employed by J, came up with the steel storage connected to the end of the gas pipes of the 50-meter radius at the end of the gas pipeline located at the 50-meter radius and the gas pipes installed newly in the vicinity of the 1st floor above the building of the instant case, and spreaded the entire site of the 1st floor above the underground floor, which was spreaded by the gas pipeline cresh, and the fire-fighting facilities at all at all below the underground level are not operated.