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(영문) 서울중앙지방법원 2018.09.04 2018나30589
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

[Claim]

Reasons

1. On January 13, 2016, the Plaintiff concluded a fire insurance contract (hereinafter “instant insurance contract”) with the council of occupants’ representatives of the Seongbuk-gu Daejeon B Apartment (hereinafter “instant apartment”) on the entirety of the buildings (3,958 units) and appurtenant facilities within the instant apartment complex, and the household fixtures.

around 15:00 on October 4, 2016, the part of the dwelling space of the instant apartment building owned by the Defendant, which was owned by the Defendant (hereinafter “Defendant building”) located in the Defendant, was destroyed by a fire, and the postponement, etc. was spreaded to 503, the upper household, the 503th household, and the section for exclusive use, the household, and the co-ownership of the same other households were destroyed by drinking and fire water.

(hereinafter “instant fire.” Based on the instant insurance contract, the Plaintiff paid insurance proceeds of KRW 342,772,308 to the owners of the damaged goods (excluding the Defendant) up to April 5, 2017, for the same damage as indicated in the attached Table attached to the instant fire caused by the instant fire.

(A) The Plaintiff reserves the payment of KRW 97,118,541 of the insurance money that the Plaintiff is obligated to pay to the Defendant under the insurance contract of this case in relation to the total amount of damages incurred to the Defendant building and the household owned by the Defendant (as regards KRW 102,762,321, the Plaintiff reserves payment of KRW 97,118,541, which the Plaintiff is obligated to pay to the Defendant in accordance with the insurance contract of this case) / [Grounds for recognition]] without any dispute, each of the descriptions and images of the evidence A

2. The plaintiff asserted that the fire in this case occurred because the defendant neglected the management of electrical equipment, combustible materials, etc. inside the defendant's building, and the defendant's structural alteration of the balcony of the defendant's building in accordance with the lawful procedure, and thus, the defendant is liable to compensate for damages caused by the fire in this case's negligence (Article 750 of the Civil Act) or the defect that is a structure.

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