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(영문) 서울중앙지방법원 2017.05.26 2016가합536171
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B is a party’s status 1) B on December 3, 2003, 197.1m2, 197.1m2 (hereinafter “Defendant’s building”) on the two-class neighborhood living facilities of the second-class neighborhood living facilities of the C-ground steel framed at the time of harmony.

(2) On October 22, 2004, the registration of transfer of ownership with respect to registration, and on October 22, 2004, the steel frame d ground d ground d ground d ground d ground d ground d ground d ground d ground d ground d ground d ground d

(2) On January 2016, the Plaintiff was engaged in the manufacturing of machinery parts in the name of “E” by leasing the Plaintiff’s building from B and the F was engaged in the manufacturing of machinery parts in the trade name of “G”. The Plaintiff was engaged in the manufacturing of machinery parts from B to B in the name of “G”.

3) Meanwhile, with respect to F and the Defendant’s building on October 11, 2012, the Defendant is entitled to the instant insurance contract with respect to the non-dividend prof smart fire comprehensive insurance as follows (hereinafter “instant insurance contract”).

beneficiary is an insurer that has entered into an insurance contract. The insured period from October 11, 2012 to October 11, 2017: F insurance amount: Fire liability (the maximum amount of fire liability of KRW 300,000,000,000, fire damage of KRW 70,000,000, fire damage-movable property of KRW 80,000,000; fire damage of KRW 30,000.

B. On January 17, 2016, a fire that occurred in the Defendant’s building and caused damage therefrom was destroyed by a fire that occurred in the Defendant’s building (hereinafter “instant fire”). As a result, the Defendant’s building and the Plaintiff’s building were destroyed, and the machinery, facilities, fixtures, inventory assets, etc. owned by the Plaintiff within the Plaintiff’s building were damaged.

C. After investigating the instant fire on January 17, 2016 and January 18, 2016, the first fire extinguishing protocol, which caused the instant fire, was prepared as follows.

Fire site survey report

8. A fire-prevention-related factory is capable of examining the cause of a fire has geographical characteristics located in a dial location, but the person concerned recently stated that he did not have access to the factory, the fire occurred during the vulnerable time of the fire, and part of the surrounding factory.

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