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(영문) 부산지방법원 2017.08.17 2015가단210282
구상금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The structure of the building of this case and the status of the parties 1) The building A through D (hereinafter collectively referred to as "the building of this case") of the same structure as that of the attached Form No. 1 in Busan-gu B

2) The Plaintiff is the owner of the instant building, and D and Defendant A respectively use the part of “E” and “F” among the instant buildings as a warehouse, etc. from C., and the Plaintiff concluded a fire insurance contract with D, and the Defendant Samsung Fire Insurance Co., Ltd. is the insurer who concluded the fire liability insurance contract with Defendant A.

B. On May 24, 2014, around 18:54, May 24, 2014, the instant fire was destroyed and inspected (hereinafter “instant fire”).

(2) The National Scientific Investigation Institute presumed that the instant fire was first launched inside the Ddong “F” (hereinafter “F building”) among the instant buildings due to the occurrence of the instant building. However, it was difficult for the F building to limit specific causes of combustion through a field investigation as the steel structure and electric ship of the inspected parts were melted due to severe combustion.

3) At the Busan Northern Fire Fighting Station, the instant fire was presumed to have been first launched near the entrance of the F building, but it was concluded that it is difficult to find out the heat sources, fire extinguishing factors, and the first cargo. (c) The Plaintiff paid KRW 10,242,969, out of the damages incurred by the instant fire between D and D, during the period from August 14, 2014 to December 5, 2012, the Plaintiff paid KRW 110,242,969, out of the damages incurred by the instant fire. [Grounds for recognition] absence of dispute, evidence Nos. 1 to 3, A, evidence Nos. 1 to 2, and evidence Nos. 3 and video Nos. 3 (a).

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