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(영문) 서울중앙지방법원 2020.11.10 2020나28237
구상금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into a collective fire mutual aid agreement with the C&D council of occupants, with the following content:

(hereinafter referred to as “instant mutual aid agreement”). The deductible number D contractor indication/owner indication period of the C&D council of occupants’ representatives on August 10, 2016 to August 16, 17, 17:7:2,342,640,00 of the subscription amount to the mutual aid amount of KRW 172,342,640 (12 months) and its affiliated buildings, 9-dong, Nam-gu, Incheon Metropolitan City, the object of mutual aid, including 9-dong and affiliated buildings, underground parking lots, electricity and machinery and equipment in the electric power plant, parts of household appliances, and all of house fixtures in the affiliated buildings.

B. On September 25, 2008, the Defendant, as an insurance company, concluded H insurance, including the special terms and conditions of family life liability, by setting the insurance period from September 25, 2008 to September 25, 2051, between the owner G of the C apartment (hereinafter “instant apartment”) E-dong E-dong, and the insured.

C. On February 16, 2017, around 08:49, in the instant apartment E-dong (hereinafter “fire-fighting household”) around 08:49, the owner G smoked in the balcony in the balcony, and the fire occurred due to the residues of the Plaintiff’s cigarette butts, and the fire occurred, and the generation of the household below the generation due to the stringr’s operation was damaged by the flood, the upper household, Jho-ho, and Kho-ho caused the damage caused by the noise, and the instant apartment E-dong elevator, which is a common part, was damaged by the noise at the time of the fire. The instant apartment E-dong elevator, which is a common part, was damaged by the outer wall and the balcony rail. The damage was caused by the noise.

(hereinafter referred to as “instant fire”) D. In addition to I, J, and K, the damaged household shall be referred to as “victim.”

According to the instant mutual aid agreement, the Plaintiff: (a) KRW 29,565,191 (i) to L, a joint owner and G’s wife on May 10, 2017, (b) KRW 28,752,735 (28,752,735); (c) 10,196,357 (i) to the council of occupants’ representatives of the instant apartment units on May 25, 2017 (i) KRW 10,140,00 for cleaning damage (i.e., KRW 1,250,00 for cleaning damage (i., KRW 1,250,00 for common use damages of KRW 6,556,357), and (iv) to the residents’ representatives of the instant apartment units on June 5, 2017.

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