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(영문) 서울중앙지방법원 2016.10.25 2015가단84973
구상금
Text

1. The Defendant’s KRW 16,119,294 as well as the Plaintiff’s annual rate of 5% from May 8, 2015 to October 25, 2016.

Reasons

Facts of recognition

On December 4, 2013, B (insured: C) entered into a contract with the Plaintiff on KRW 450,000,000 (fire damage, building and facilities attached thereto: KRW 420,000,000, household property: KRW 30,000) with the insurance coverage amount and KRW 30,00,000,00 with the insurance coverage amount, and the non-distribution prof Family Security Insurance 1312 with the insurance object Seoul (area 345 square meters; hereinafter “instant building”).

There are several independent households in the instant building as multi-household housing. Among them, Article 301 of the Building Act entered into a lease agreement with C, the owner of the instant building, with the Defendant, with the lease deposit of KRW 90,000,000, and the lease period from July 25, 2014 to July 24, 2016.

On March 4, 2015, around 02:44, a fire was caused by an unexpected fire in the dwelling space No. 301 of the instant building, and the inside of No. 301 of the instant building was destroyed, and one resident was injured.

(hereinafter referred to as “instant fire.” After examining the state of the loss and damage of the instant building, the Plaintiff calculated the amount of damages as KRW 53,730,980 by appropriating all repair costs incurred in restoring the building to its original state (i.e., the cost of removing the remainder of KRW 49,138,897) and paid the said money to C on May 7, 2015.

According to the comprehensive report on fire occurrence prepared by the competent fire station (e.g., the first statement of a resident at a fire-fighting point and the electric power line of the floor of the living room No. 301). The first launching point is presumed to be a living room, and the first launching point is presumed to be a living room. Although residents used candlelight to take place in the living room before the bedlelight, they cannot be ensured that the loss of the candlelights candlelights in the living room due to the serious situation inside the living room. However, it is difficult to clarify the clarity of the act of the residents due to the candlelights in terms of the care of the living room. From the floor presumed to be the first launching point, three-dimensional-type micks of the living room is turned down.

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