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(영문) 서울중앙지방법원 2019.06.04 2016가단5035249
구상금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 2, 2014, the Defendant leased the G (hereinafter “instant store”) from D to D and operated the restaurant in the name of “H” among the Goyang-gu F buildings jointly owned by D and E (hereinafter “instant building”).

B. On August 6, 2014, the Plaintiff concluded a fire insurance contract with the content that the purchase amount of insurance for K and I stores, goods, houseworks, and facilities was KRW 150,000,000, KRW 100,000, KRW 120,000,000, KRW 120,000,000, and KRW 120,000,000,00, which had been operating resting restaurants in the name of “J” among the instant buildings.

C. On November 27, 2015, at around 10:57, a fire occurred in the instant building, the instant store’s simple storage, kitchen, and the ceiling inside of the Iho Lake shop, and the warehouse, etc. are on board (hereinafter “instant fire”). D.

The Gyeonggi Provincial Police Agency determined that the instant fire was first launched within the ceiling on the grounds that the marks of scams were identified inside the ceiling of the upper part of the wall surface adjacent to the hole of the instant store on the grounds of the identification of scams in the ceiling.

E. From February 22, 2016 to September 2, 2016, the Plaintiff paid K totaling KRW 322,936,987 to K as insurance money for the damage incurred by the instant fire four times.

F. The Plaintiff received KRW 112,292,203 as the amount of indemnity from D and E in accordance with the decision on the recommendation for reconciliation in this case as of January 23, 2019.

[Recognition] Facts without dispute, Gap 1 through 10, Eul 1-1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Defendant, as the occupant of the instant store, has a duty of care to periodically clean up a large quantity of electric facilities and conduct safety inspections on the overall areas of electric facilities, taking into account the characteristics of the restaurant using a large quantity of electric facilities, to check and remove the defects of electric wires, etc. in advance, and to install a simple sprinkler and prevent the occurrence and expansion of fire.

However, the defendant.

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