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(영문) 서울중앙지방법원 2018.08.30 2017가단5052425
구상금
Text

1. Defendant A’s KRW 46,183,810 as well as 5% per annum from January 4, 2017 to August 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract between D and D with the insurance coverage period from April 2, 2014 to April 2, 2034, which covers E-Housing Buildings (hereinafter “instant building”) and household tools at the time of selling the insurance purpose, the purchase price of which is KRW 100 million ( KRW 80,000,000,000,000) (hereinafter “instant insurance contract”).

B. On October 19, 2016, at the request of Defendant A, F, etc. (hereinafter “D, etc.”) around October 10:30, a fire (hereinafter “instant fire”) occurred while performing electrical work for supporting the steel structure in order to install solar facilities on the roof of the instant building, which caused damage to the instant building and the interior household of the building.

C. The Plaintiff paid KRW 46,183,810 as insurance money to D on January 3, 2017 according to the instant insurance contract.

With respect to the cause of the instant fire, the competent fire fighting unit did not find any such special factors as “electric factors, fire possibility, gas leakage, mechanical factors, and chemical factors,” and found the results that “the high heat of the roof steel plate was transferred to iron plates during the melting work to fix the steel structure on the steel roof in terms of the heat condition of the roof iron plate, the direction of burning, and the direction of burning, and that the steel structure was laid down into iron plates, and it was laid down into vinyls, shots, and burned out with wood and shots, and has been burnedd with wood and shots, and thus has been burnedd with melting care.”

[Ground of recognition] Gap evidence Nos. 1 through 3 (including branch numbers), Gap's evidence Nos. 6 and 7, the whole purport of the pleadings (which between the plaintiff and the defendant Eul, and the corporation) and deemed confessions pursuant to Article 150 (3) of the Civil Procedure Act (which between the plaintiff and the defendant A)

2. Determination on the cause of the claim

A. According to the fact that Defendant A’s liability for damages was recognized, the fire of this case confirmed the existence of combustible materials in the work area when Defendant A performs the work of contact with steel structures to install solar power facilities on the roof of the building of this case.

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