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(영문) 서울중앙지방법원 2020.05.07 2019나12380
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Facts of recognition;

A. On October 4, 2013, D entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Plaintiff and E-witter Cargo Vehicles (hereinafter “instant vehicle”) with respect to the insurance period from October 4, 2013 to October 4, 2014.

B. On July 20, 2014, around 23:35, inasmuch as a fire (hereinafter “instant fire”) occurred inside the instant vehicle that was parked in the Seo-gu Incheon Seo-gu Underground Parking Lot (hereinafter “instant underground parking lot”) and expanded into a vehicle parked around the building and its surrounding area, damage was inflicted on various lighting and electric pipes installed in the instant underground parking lot and parked vehicles, such as electric pipes, and the vehicle that was parked, caused injury, such as taking a fire, inhaled a smoke, and the vehicle that was parked.

C. At the time of the instant fire, a sprinkler was installed in the instant underground parking lot, but it was not operated due to the breakdown of the soranode valve (a device that opens the sorash valve to operate the preparatory operation system).

If the singler normally operates the fire of this case, it is advantageous to the reduction of initial damage and fire extinguishing activities by preventing the spread of the fire of this case and reducing the occurrence of the smoke.

As an insurer of the instant vehicle, the Plaintiff paid KRW 24,07,940,00 to the victims of the instant fire, including the instant vehicle from July 31, 2014 to December 19, 2014.

E. The instant underground parking lot is the section for common use of the said B apartment (hereinafter “instant apartment”), and the Defendant is the autonomous management body of the instant apartment.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 9 and 14 (including a paper number; hereinafter the same shall apply), each fact inquiry inquiry reply to the Incheon Western chief of the fire station of the first instance court, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above acknowledged facts, the fire of this case is in question.

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