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(영문) 광주지방법원 2017.02.14 2016가단503058
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a fire insurance contract with the purport that B and the insured are liable to compensate for fire and fire-fighting with regard to the building of 6th floor of reinforced concrete structure built in the Dong-gu Gwangju-gu, Gwangju-gu, and cement brick structure slives slives slives slives slives (hereinafter “instant building”) (hereinafter “instant insurance contract”) and the insurance period from January 28, 2015 to January 28, 2016 (hereinafter “instant insurance contract”).

(A) Evidence of heading 1 through 3). (b)

The Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with B on the one-story commercial building of this case (hereinafter “instant store”) and operated a cosmetic store in the said store.

(A) evidence of heading 4.c.

However, around March 26, 2015, around 08:05, which was within the lease term, a fire occurred in the part of the instant store leased by the Defendant among the instant building (hereinafter “the instant fire accident”), and there were about 50 square meters of the instant building, including the instant store part, and about 140 square meters of carbon and its forest phenomenon occurred.

(A) Evidence of heading 5 and 6

D. As a fire accident of this case, damages equivalent to KRW 44,146,741 were incurred due to the construction cost of the building of this case and the removal cost of remaining objects, and 44,098,891 are remaining damages if the amount of damages calculated by deducting KRW 47,850,000, which was separately received by B from the said amount of damages (Evidence A No. 8,10).

The store of this case consists of the part indicating cosmetics indicated in the attached drawing, the main part indicating the attached drawing, and the part indicating the main part of the multi-use room (hereinafter each “cosmetic shop”, “main part”, and “multi-use room part”) extended in the outside of the outer wall of the apartment building in the form of a building. In relation to the point of origin and cause of combustion of the fire accident of this case, the National Science Investigation Institute established on the wall of the main part.

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