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(영문) 서울중앙지방법원 2019.06.13 2018가단5087961
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 13,854,105, and 5% per annum from April 25, 2018 to June 13, 2019.

Reasons

1. Basic facts

A. On June 17, 2014, the Plaintiff entered into a F insurance contract (hereinafter “instant insurance contract”) with respect to the third floor building on the ground of the Seoul Northern-gu, Gwangju Northern-gu (hereinafter “instant building”) including special terms and conditions, which compensates for damage, such as the building, house fixtures, facilities, household effects, etc. caused by fire.

B. On April 24, 2017, D entered into a lease agreement with Defendant B’s husband G and the first floor (hereinafter “instant store”) of the instant building (hereinafter “instant lease agreement”). Accordingly, Defendant B used the instant store with G for the purpose of selling residential and sports supplies.

Of the terms and conditions of the instant lease agreement, the part related to this case [matters of special agreement]

3. Matters concerning fire, fire-fighting, etc. shall be the lessee's responsibility;

8. The lessee shall maintain and repair other installations.

The following shall be:

C. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurance company that entered into a fire insurance contract with Defendant B on the security of a building, a housework, and a fire liability.

On November 1, 2017, at around 1904:14, a fire (hereinafter “instant fire”) occurred in the instant store, and the instant building was destroyed by a fire on the wind of up to 2 and 3 floors among the instant buildings.

E. The results of the examination of the Gwangju Northern Police Station related to the cause of the instant fire are as follows.

1) When comprehensively taking into account the overall burning form of the review on the shotble panel, the first witness’s statement, the CCTV video images installed inside and outside the damaged place, etc., the shotble panel is a form that can be limited to the outer left-hand side of the instant store sand site panel. 2) As such, it is impossible to discuss the cause of shotble on the ground of shotble position panel’s external left-hand side part of the instant store location panel, which is limited to the review on the cause of shotble panel, to find out the specific cause related to shotization, such as electric installations

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