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(영문) 서울중앙지방법원 2018.09.18 2017가단5021551
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2015, D Co., Ltd. owned three buildings located in Ansan-si E (A, B, D; hereinafter “Plaintiff building”), and F Co., Ltd concluded an integrated property insurance contract with the Plaintiff and the Plaintiff, a corporation operating non-life insurance business, for a period of one year, on the Plaintiff’s goods located in the Plaintiff building and the building.

B. The Defendant (formerly named G Co., Ltd.) is a company with the launch of plastic products and the shape of plastic products, etc. in the two-story factory (hereinafter “Defendant factory”) located in Ansan-si Hasan-si Habro Habridal roof and Masar Gake roof located in Ansan-si.

C. The Defendant factory consists of a temporary building of light metal 120 square meters in total floor area (120 square meters in the lower part of the factory building) and a temporary building of light metal framed roof (hereinafter “instant warehouse”). The Defendant stored plastic scrap produced within the Pyeongtaek factory building in the instant warehouse.

On November 11, 2015, at around 10:10, a fire occurred in the instant warehouse (hereinafter “instant fire”). As a result, the instant warehouse was destroyed by fire, and the Plaintiff’s operation building and the goods owned by F in said building caused damage, such as burning damage, noise damage, flood damage, and flood damage.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence Nos. 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the instant fire occurred in the warehouse that the Defendant occupied and managed, and the cause of the instant fire is unclear.

Even if the defendant loaded plastic materials which are easy for burning inside the warehouse of this case, and failed to take appropriate fire prevention measures, so the burning has been rapidly expanded, and the defendant is the possessor of a structure under Article 758 of the Civil Act.

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