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(영문) 서울중앙지방법원 2017.08.31 2016가단5091812
구상금
Text

1. The Plaintiff:

A. Defendant B’s KRW 153,063,297 as well as 5% per annum from March 10, 2016 to May 3, 2016.

Reasons

1. Basic facts

A. (1) The Plaintiff is an insurer who has entered into a fire property insurance contract (hereinafter “instant insurance contract”) with respect to the buildings, machinery, facilities, and movables of the first floor factory (hereinafter “instant Plaintiff factory”) occupied and used by C in the company C (hereinafter “C”) and the building of the Nam-gu Incheon Metropolitan City D three-story building (hereinafter “instant building”).

(2) Defendant A is the lessee who leased part of the second floor of the instant building (hereinafter “instant factory”) around August 2014, and Defendant B is the lessee who leased part of the instant factory from Defendant A around February 1, 2015.

B. A fire (1) around October 28, 2015, around 02:50, at the Defendant plant of this case (hereinafter “instant fire”) occurred, and the fire occurred to the Plaintiff plant of this case, and the fire occurred, such as the building, machinery, facilities, and movables of the instant Plaintiff plant, and the damage was caused by the fire.

(2) Due to the instant fire, C sustained a total of KRW 156,178,028 loss.

(3) The floor plan of the first and second floors of the instant building is as follows.

C. As a result of the investigation of the fire cause, the fire station, police station, and the National Scientific Investigation Institute investigating the fire of this case as follows:

(1) At the time of the Incheon Industrial Complex Fire Fighting Station (O fire fighting department), workers, etc. were set off in six companies, including E, and foreign workers were placed in a third floor dormitory. This factory cannot be excluded from an unspecified fire-fighting in light of the fact that the first site arrives rapidly at the time of arrival as an installation company of a security system. As a result of the O-electric CCTV reading, the first place of combustion can be presumed to be the second floor of the second floor, and the second point of the F business is confirmed on the electric power source line, and the two points of the 2nd unit code of the National Scientific Research Institute cannot be excluded from the electrical factors.

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