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(영문) 서울중앙지방법원 2016.05.25 2015나64598
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Defendant leased the 122th floor of the 1st floor (hereinafter “the instant building”) of Siposi-si B (hereinafter “Defendant shop”) and sold the instant clothing in the name of “C,” and the Plaintiff (Plaintiff, EL branch Co., Ltd.) was the insurer who concluded a fire insurance contract for the instant clothing with “D” (hereinafter “instant clothing”) that sells clothing (hereinafter “the instant clothing”) from the Plaintiff’s 120 and 121 (hereinafter “Plaintiff”) located adjacent to the Defendant shop.

B. On December 27, 2014, the Defendant went out under the influence of the hot blast in the Defendant’s commercial building, and the fire presumed to have been accumulated in the vicinity of the said hot blast occurred, and the instant clothing in the Plaintiff’s commercial building suffered a smell damage due to their drinking damages and the smelling damage caused by their drinking.

Accordingly, on March 12, 2015, the Plaintiff paid KRW 10,651,598 of the insurance money for the instant clothing damage to E.

C. On the other hand, around December 2014, frequent cases of water leakage in the instant building, and Defendant shopping mall fell twice on December 20, 2014.

Accordingly, the Defendant requested the management office to check the leakage circuit, and after the inspection, the management office told the Defendant to the effect that “the Defendant shows no longer token and there is no particular risk to decrease the leakage circuit. However, as a kind of electric wave operation, it can be found that there is any defect in cruel machinery due to the fall of the leakage circuit operation.”

Since then, the Defendant did not turn on the wind until the fire of this case in an unstable mind, and left the pharmacy by turning on the wind season at around 12:45 p.m. on the date of the fire of this case, and the fire of this case occurred at least 1:0 p.m.

In relation to the fire of this case, the military police station is presumed to be an electrical factor of the fixed power plant and power plant. The military police station is presumed to be an electric factor of the power plant. The power plant is determined by the power plant due to the excessive voltage of power plant.

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