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(영문) 서울중앙지방법원 2016.12.14 2016나53878
구상금
Text

1. Of the judgment of the court of first instance, KRW 3,344,855 against the Plaintiff and the Plaintiff’s objection thereto on May 25, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded fire insurance between B and B on the ground that the Gyeongdong Group C Building (hereinafter “instant building”) as the subject matter of insurance.

B. The Defendant, while operating the phrase “D” on the side of the building of the instant building, installed a warehouse in the lower gate (hereinafter “instant empty lot”) and stored the interior of the instant empty lot.

C. The instant public land was open to the general public’s free access, but around 15:00 on April 11, 2013, a fire presumed to have been smoked or to have been destroyed partly as the outer wall of the instant building was partially destroyed.

(hereinafter “instant fire”). D.

As a result of the fire identification of the instant fire, strong scams have been found in the vicinity of the disuse, such as paper stuffs, which are accumulated inside the warehouse installed by the Defendant, and a strong scams have been discovered from the inner space of the warehouse to the surrounding areas, and the burning was destroyed by a fire with strong external walls of the paper such as disuse, the boiler room, and the boiler store, which was destroyed by a fire with strong combustion of part of the studio and the building around the warehouse installed by the Defendant, and multiple cigarette butts were found on the floor around

E. Upon the occurrence of the instant fire, the Defendant made efforts to reduce damage caused by fire, such as moving the surrounding gas source, etc. In the process, the Defendant took pictures in the said process, and is currently in very difficult economic situation.

F. On May 24, 2013, the Plaintiff paid KRW 16,724,276 of the insurance money for the instant building caused by the instant fire to B.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 6 through 11, 14 through 17, and the purport of the whole pleadings

2. Determination

A. A fire occurred due to an act or an act or an act of a third party against which another party is liable for damages.

Even if the damage is caused by the defect in the installation or preservation of a structure.

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