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(영문) 서울중앙지방법원 2018.11.28 2018나28586
구상금
Text

1. From August 29, 2017, the judgment of the court of first instance, jointly with the Defendants, KRW 948,945 against the Plaintiff and its related costs.

Reasons

Basic Facts

The Plaintiff entered into an insurance contract with C, the insured period from June 10, 2016 to June 10, 2036, with the subject matter of insurance as “Seoul Seocho-gu D Apartment, 107 Dong 306 (hereinafter “damaged Building”) and the damaged building,” thereby compensating for damage caused by fire.

On June 19, 2017, around 10:33, the fire that occurred at the small bank of 107 Dong 106 and 106 (hereinafter “fire-fighting building”) in possession of Defendant A (hereinafter “instant fire”) was spread to the upper floor, and the windows, etc. of the damaged building were destroyed.

On August 28, 2017, the Plaintiff paid KRW 1,355,637 insurance money to C, the insured, in accordance with the above insurance contract.

The defendant Han Lan Insurance Co., Ltd. concluded an insurance contract that covers the legal liability for damages incurred to a third party due to an unexpected accident that occurs in the course of performing the business affairs in accordance with the use of the above D apartment council and the insured from December 22, 2016 to December 22, 2017, with the occupant of an apartment, the period of insurance from December 22, 2016 to December 22, 2017.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 1 and 2, and the purport of the whole pleadings, the plaintiff asserted that the plaintiff is responsible for the fire of this case due to negligence such as the defendant A's failure to safely control inflammable substances within a fireproof building. Thus, the defendant Han C and the above defendant's insurer should compensate for damage caused by the fire of this case.

As to this, the Defendants asserted that Defendant A did not bear liability for damages due to the instant fire, since there was no negligence in the care of the fire while managing the fireproof building.

Judgment

The purport of Gap evidence 6-1 to 14 shall be the whole of the pleadings.

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