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(영문) 서울중앙지방법원 2020.06.05 2019나55493
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a F contract with C to compensate for the damage caused by fire, household effects, etc. with respect to the building No. D in Busan Metropolitan City, including the content that compensates for the damage caused by fire, and the Defendant leased the said building G, and used it as a residential area.

B. On July 17, 2018, a fire inside the above D Building G (hereinafter “instant fire”) occurred, and the Defendant’s household gate was destroyed, etc., and the fire was destroyed by the upper floor of the D Building E, the outer wall of the building, the interior stairs room, corridor, and the house gate were contaminated by the noise.

C. On October 4, 2018, the Plaintiff paid the insured C totaling KRW 16,023,977 for the damages incurred from the instant fire. D.

The investigation results of the relevant agencies on the causes, etc. of the instant fire are as follows.

1. Statement of the persons related to the point of combustion and the cause of fire, etc. from among “fire field investigation report” prepared on July 17, 2018, which was the date of the instant fire: The 3th floor housing owner discovered flames in the first floor level G, opened a door to an emergency key, and completed a fire by entering the fire station: The possibility of fire prevention related to the cause of fire: The possibility that flames and the exterior and interiors of the first floor fire are partially cut from the window and the front door to the front door of the first floor and the front door to the front door of the fire: The fire site is found to be shot out from the open door to the front door of the toilet at the time of the occurrence of the fire, and the fire site of the second half of the following day: The fire site investigation report is found to be shot out from the open door to the first floor, and it is presumed to be shot out from the open door to the front door of the fire site and the fire site of the fire station.

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