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(영문) 서울중앙지방법원 2018.04.19 2017나91334
구상금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is the fourth underground floor and the 12th ground floor building located in Suwon-si, Suwon-gu, Suwon-si (hereinafter “instant building”).

111 of the first floor (hereinafter “instant store”)

(B) A fire insurance contract (hereinafter “instant insurance contract”) with the insured who carries on the business from B to B as the name of the insured.

(2) The Defendant Han Bank Co., Ltd. (hereinafter “Defendant Han Bank”) is an insurer who has entered into an insurance contract with the Defendant Han Bank as the insured, operating the ATM mechanical room on the second floor of the instant building (hereinafter “instant mechanical room”). The Defendant Digital Insurance Co., Ltd. is an insurer who entered into an insurance contract with the Defendant Han Bank as the insured.

B. On June 11, 2016: around 19, 2016, a fire in the instant mechanical room (hereinafter “instant fire”) is deemed to have occurred.

(2) In order to suppress the instant fire, the pertinent fire department spreaded fire-fighting trees to the competent fire station, which resulted in flood damage of KRW 9,812,060 and KRW 6,621,252 in total, KRW 16,43,312 in the instant store.

C. (1) The National Science Investigation Institute of Korea expressed its opinion on the cause of fire in the relevant agencies: (a) caused physical damage, such as computer facilities such as network equipment in the machinery room, three units of ATM machines, and public charges receipt equipment, due to the occurrence of a flame wave from air conditioners installed in the machinery room; and (b) there was a possibility that the combustion clothes and adjacent combustible materials (dusts, etc.) were emitted by electrical heat attached to the process of forming a scambling, which is distinguished from air conditioners, connected to the outdoor air conditioners; (c) the Incheon Southern East Fire Station of Incheon, followed the opinion that it would be presumed to fall by electrical factors/talking.

On July 29, 2016, the Plaintiff paid KRW 12,650,798, totaling KRW 8 million to C and KRW 12,650,798 on November 29, 2016, as insurance proceeds from the instant fire.

[Reasons for Recognition]

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