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(영문) 서울중앙지방법원 2020.07.24 2019나77110
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

The first instance court.

Reasons

1. Facts of recognition;

A. (1) On June 2018, the Plaintiff concluded a housing fire insurance contract (hereinafter “the instant fire insurance contract”) with respect to the housing management office and the apartment located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”) 24 Dongs, attached facilities, and the household housing located in the apartment (hereinafter “instant apartment”) with the insurance period from June 30, 2018 to June 30, 2019.

(2) The fire insurance contract of this case did not specify the insured separately from the fire insurance contract, and stated the “owner for insurance purposes” column in the insurance policy as “C Apartment” column.

(3) The scope of damage under the instant fire insurance contract is “damage caused by fire, wind and flood,” and the insurance premium seems to have been paid as the management fee paid by the occupants and users of the instant apartment.

B. (1) On September 2005, the Defendant is a company manufacturing and supplying a gas emitting range range installed at the main bank of the instant apartment E (hereinafter “gas emitting range”).

(2) On December 24, 2018, around 14:08, a fire occurred in the apartment E of this case (hereinafter “instant fire”). The Seoul Gwanak-gu Police Station and the Seoul Gwanak-gu Fire Station share the cause of the fire as the gas emitting range of the instant gas.

(3) The fire of this case led to the inside of the household, such as the kitchen room, etc. of the above E, and the neighboring household members suffered flood damage, and part of the apartment section for common use was damaged.

C. The Plaintiff paid KRW 24,110,251 in total on February 27, 2019 to the owners of households, etc. who suffered fire damage under the instant fire insurance contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The point where the cause of the instant fire was unknown and the location where the instant fire occurred was identified inside the gas emitting range.

The fire of this case.

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