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(영문) 서울중앙지방법원 2020.05.14 2018나82832
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C and D are co-owners of a detached house of the second floor E on the ground (hereinafter “instant house”) in Leecheon-si, and around September 24, 2012, lease deposit was leased to the Defendant at KRW 150,000,000.

B. From October 31, 2012, the Defendant began to occupy and use the instant house from around October 31, 2012, and thereafter, the said lease was implicitly renewed.

C. On December 27, 2016, the Plaintiff entered into an insurance contract with D and the instant housing cost of KRW 5 years of insurance coverage and KRW 100,000,000 for fire damage compensation.

On February 8, 2017, around 02:15, a fire (hereinafter “instant fire”) occurred in the instant housing, and there was a loss equivalent to KRW 53,339,108 on the part of the instant housing building.

E. As to the fire of this case, the fire on the wall of the dwelling space of the 1st floor of this case was examined as follows: “Fire was caused by the government of the dwelling space of the 1st floor of this case; fire was destroyed by the upper half, the ceiling, and the chimney inside the wall of the dwelling space, and the burning shotton, which was going around from the studs of the wall, was confirmed, and the burning strings in the vicinity of the studs in the wall of the dwelling space, were overheatedd by inserting timber into the wall of the dwelling space, and there was an excessive strings in the use, and it was presumed to be a fire that was first sed out after being dried, reproduced

On the other hand, the Leecheon Police Station concluded the fire of this case on the ground that the fire of this case was "the fire department is presumed to be the surrounding parts of the connection with the smoke and the tent, but the fire source was not a direct evidence to conclude that the fire was caused due to negligence in the management due to the fault or the installation of a smoke dys of the installer due to the user's brick distress."

F. On March 30, 2017, the Plaintiff paid 14,300,029 won as insurance money to D for the damage to the building of the instant housing caused by the instant fire.

(The insurance money was set in proportion to the amount of insurance coverage of FF corporation, which is a duplicate insurance for the housing of this case).

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