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(영문) 서울고등법원 2018.05.25 2016나2083625
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. Basic facts

A. On April 24, 2012, the Plaintiff: (a) around April 24, 2012, the Plaintiff is a general steel structure and other 197.9 square meters of the 1st class neighborhood living facilities of the 197.9 square meters (hereinafter “the 1st class building”).

(2) Around June 10, 2013, Defendant B had leased the said land from C to engage in the manufacturing and repair business of transporting machinery and selling business, etc. (hereinafter “E”) with the name of “E” and the name of “E”, the spouse of the F and the household manufacturing and selling business.

3) Around January 15, 2013, Defendant B entered into a fire insurance contract with Defendant Samsung Fire (hereinafter “instant insurance contract”) with the following content under the name of F (hereinafter “instant insurance contract”).

(1) The name of the goods: The insurance period of the instant building No. 2 as the carbon of the non-dividend Samsung Fire Property Insurance: the insurance amount (the details of the security and the maximum amount of fire damage liability: 100,000,000 won) from January 11, 2013 to January 11, 2018;

나. 이 사건 제1, 2건물의 구조 별지 배치도와 같이 이 사건 제1건물은 서쪽에, 이 사건 제2건물은 북쪽에 위치해 있고, 이 사건 제1건물의 북쪽 끝 부분과 이 사건 제2건물의 서쪽 끝 부분은 ‘┍ ’ 형태로 인접해 있다.

C. On April 3, 2014, around 20:30, a fire occurred in the first and second buildings of this case, and the first and second buildings of this case and the first buildings of this case, and the Plaintiff, which were kept inside the building of this case, were removed from the fire of this case (hereinafter “the fire of this case”).

2) After investigating the fire site of this case, the medical fire fighter prepared an investigation report that the cause of the fire of this case (the correct point, the factors of the fire fighting, the heat sources, and the first cargo) is insignificant due to the following reasons. The point of the fire fighting of this case is ① the point of the first witness, the point of the first witness does not confirm the burning of the building of this case at the point of the first witness.

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