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(영문) 서울중앙지방법원 2017.08.17 2017나2785
구상금
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings in each of the evidence Nos. 1, 2, 3-1, 3-5, 5, 7, 8-1, 2, 9, 1, 1 and 3.

1) On September 23, 2014, the Plaintiff is entitled to the instant commercial building C with the 5th ground level above the 1st underground floor located in Yongsan-gu, Yongsan-gu, Busan-si (hereinafter “instant commercial building”).

402 and 403 Rentals No. 402 and “D”, and the head of the unit (hereinafter “D”).

B) Between E and E running the foregoing leased building and D store facilities, fixtures, and movable property, the insurance period is set from September 23, 2014 to September 23, 2017, and the fire insurance contract was concluded with respect to the said leased building and D store facilities, fixtures, and movable property. (2) Defendant A leased No. 205 and 305 of the instant commercial building on May 14, 2014, and operated the dattop (hereinafter “F store”) with the trade name “F” at the said store from that time.

3) Defendant interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant interesting State Fire”)

(B) On December 13, 2014, the Plaintiff and Defendant A entered into a sales liability and fire insurance contract with respect to the instant F burial. (B) On the second floor of the instant F burial operated by Defendant A (hereinafter “instant rest room and material storage”) the fire (hereinafter “instant fire”) occurred, and upon the spread of the flame, damage was caused to the inside facilities, equipment, fixtures, movables, etc. of the instant D burial caused by flames.

2. The second floor plan of the commercial building of this case is as follows.

C. As a result of the investigation of the cause of fire, the results of the research of the Gyeonggi Provincial Police Agency, the Japanese fire fighting team, and the Korean Electrical Safety Corporation are as follows:

① A rest room and a material storage room in the instant case.

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