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(영문) 서울중앙지방법원 2015.01.15 2014가단5184406
구상금
Text

1. The Defendant’s KRW 29,824,385 as well as 5% per annum from April 30, 2014 to July 22, 2014 to the Plaintiff.

Reasons

1. Facts of premise;

A. (1) On March 5, 2013, the Defendant completed the registration of ownership transfer in the future of the Defendant for the acquisition of the Defendant’s building and the contract for the said building (hereinafter “Defendant building”) on the fourth-story building A (hereinafter “Defendant building”).

Belgium The defendant has installed an entrance correction device for the management of the defendant building, and had the employees belonging to the defendant inspect the management conditions, such as door control, and entered the results thereof in the public property inspection book at intervals of about one week from March 18, 2013.

Article 22(1) of the Civil Procedure Act provides that the Defendant shall enter into a contract between the Defendant and four enterprises (hereinafter “contractor”) (hereinafter “contractor”) on December 30, 2013 in order to remodel the Defendant’s building into a performance hall, and the Defendant entered into a contract between the contractor and four enterprises (hereinafter “contractor”) on December 30, 2013 and April 28, 2014.

Applicant on January 3, 2014, the Defendant notified the contractor that he would notify the contractor of the date of resumption of construction after the deadline for the suspension of construction. The Defendant returned the keys from the contractor on January 9, 2014 and resumed the inspection of the management status of the Defendant building again from January 9, 2014.

B. On January 11, 2014, around 09:36, the instant fire occurred and the Plaintiff’s insurance proceeds. A fire occurred in the Defendant building (hereinafter “instant fire”). On the other hand, the said fire was relocated to the Defendant building and the building on the ground (hereinafter “Plaintiff building”) such as Ysan-si, the neighboring building owned by 1m away from 1m.

B. The Plaintiff, the fire insurer of the Plaintiff’s building, paid KRW 29,824,385 insurance money to B until April 29, 2014, as the said fire caused damage, such as burning out or destroying the outer wall, roof and corridor, air-conditioning room, glass hold, etc. of the Plaintiff’s building, and flood damage caused by fire extinguishment.

C. The Nansan Police Station: (i) the Ministry of Fire and the Investigation into the Causes of Fire was identified as three floors; and (ii) the Nansan Police Station, even in the Yansan Fire, was located near the third floor bed of the Defendant Building, in the vicinity of the storm bed.

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