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(영문) 대전지방법원 2017.11.29 2017가단204848
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. On December 27, 2013, the Plaintiff entered into a comprehensive insurance contract for public-private partnership property (hereinafter “instant insurance contract”) between C and C, which operates a cafeteria (hereinafter “instant cafeteria”) with the name of “B” in the building located in the Gun located in the Gun, Chungcheongnam-do, Seoul, for the insurance period from December 27, 2013 to December 27, 2018. The subject matter of the insurance is the building, facility, house fixtures, and movable property of the instant cafeteria (hereinafter “instant cafeteria”).

B. On February 9, 2015, around 10:35, C: (a) fire occurred in the kitchen of the instant restaurant between the instant restaurant and the instant restaurant in order to lock the entrance door of the instant restaurant and to have kysle to the instant kysle’s house; and (b) thereby, the instant restaurant building and its internal facilities, and the house of the instant restaurant structure built of one story-to-story sand position plate, almost all of which were located.

(hereinafter “instant fire”). C.

On April 9, 2015, the Plaintiff paid KRW 70,597,491 (i.e., KRW 40,289,109, KRW 20,000, KRW 20,000, KRW 8,144,182, KRW 2,164,200, KRW 20, KRW 40, KRW 400, KRW 40, KRW 200, KRW 20, KRW 164,20.

In relation to the instant fire, the Jeonan Police Station, the competent police station, prepared a field-based report on the fire of this case, stating that “the fire-fighting strings expanded from the upper part of the restaurant, the main cooling house and the upper part of the instant restaurant are observed as a result of the fire site identification, in particular, the degree of fire such as heat resistance around electric wires connected by drilling the hole on the wall at the center part of the upper part of the cooling section, is serious, and the possibility of leakage cannot be ruled out due to damage, such as the exhausting of connected wires, and the possibility of leakage cannot be ruled out. The fire-fighting station, which is the competent police station, prepared a field-based report on the fire of this case, stating that “the fire-fighting strings expanded by burning out from the cooling and upper part

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 4, and evidence 6 (including provisional number; hereinafter the same shall apply), part of Gap evidence 5, the purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s assertion, the result of the instant fire site identification is examined.

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