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(영문) 서울중앙지방법원 2014.10.21 2014나10051
구상금
Text

1. The judgment of the court of first instance is modified as follows.

All of the plaintiff's primary claims against the defendants.

Reasons

1. Facts of recognition;

A. G is the owner of a 196.56 square meters in light of the wife population H No. 1, B-dong A-dong factory, 112.77 square meters in light of the C-dong factory, 196.56 square meters in light of the D-dong factory, 196.56 square meters in light of the D-dong factory (hereinafter “A-dong,” “B-dong,” “C-dong,” and “D-dong,” each of which is the owner of the D-dong factory, and the Defendant A-dong, who operates “I,” and the Defendant B, who operates “J,” leased B-dong, and C-dong, and D-dong, respectively, to Defendant C, who operates “K,” on April 30, 2012.

B. After all, G concluded a non-dividend successful partnership insurance contract (hereinafter “instant insurance contract”) with respect to the instant building between the Plaintiff and the insured, from 16:00 on December 31, 2007 to 16:00 on December 31, 2012, with the insurance coverage amount of A73,00,000, B Dong 42,000,000, Cdong 73,000,000, and Ddong 72,000,000,000.

C. However, around 07:41 on May 25, 2012, a fire that could not identify the cause of the instant building (hereinafter “instant fire”) occurred, and the instant building was relocated.

Under the insurance contract of this case, the Plaintiff paid 15,00,000 won to G, and paid 24,780,377 won (total 39,780,377 won), 7,369,987 won (total 22,269,987 won), 20,736,536 won (total 35,736,536 won) to C, and 20,729,285 won (total 35,729,729,785 won) to Ddong on August 17, 2012 following a damage assessment.

As a result of the investigation into the fire site of this case, in light of the following: “In the light of the fact that the fire site of this case was examined, it is inevitable to see the point of origin on the ground of the first witness and relevant witness’s statement, the level of heat received by the building, the fluoral phenomenon of roof and structure, the form of loss appearing in the neck and the trace of the progress of flames, etc., the part of the outer wall of the Cdong is adjacent to the place where the mix is loaded.

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