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(영문) 서울중앙지방법원 2019.02.13 2018가단5030040
구상금
Text

1. The Defendant’s KRW 92,529,850 for the Plaintiff and KRW 5% per annum from February 16, 2016 to February 13, 2019.

Reasons

1. Basic facts

A. On September 7, 2015, the Defendant received from D (hereinafter “D”) a contract amount of KRW 21,000,000 (value-added tax separately) for the work to remodel the test room installed in D’s product storage located in Nam-gu Incheon Metropolitan City.

B. On October 2, 2015, around 13:35, the Defendant was engaged in a melting work to fix the joints from the outer roof of the test room. However, a fire was caused as a sprinking sponsed with the inner wall’s smoking materials, and a fire was rapidly spread to the wall of the sandd position plate.

(hereinafter “instant fire”). Although people at the scene tried to extinguish the instant fire by using the fire extinguisher, they failed to extinguish the instant fire, and the said fire was extinguishing by fire brigade.

C. The fire of this case, like the sign "building placement map", destroyed the wall and roof, machinery and movable property (raw materials, semi-finished goods and finished goods) of the product warehouse (Fdong, Gdong, Hdong) and the wall and roof thereof, machinery and movable property (raw materials, semi-finished goods and finished goods) or damaged the above machinery and movable property by fire trees.

On February 15, 2016, the Plaintiff concluded a comprehensive property insurance policy with D on the foregoing buildings, machinery, movable property, etc., and paid insurance money of KRW 236,86,345 (the amount after deducting self-charges) to D as the insured.

E. The particulars of the calculation of damages caused by the instant fire, insurance relationship and insurance amount between the Plaintiff and D are as follows: (a) the insurable value and the amount of damages covered by the insurance items, 4,411, 769, 6703, 292, 434, 574, 97,018, 799 2,038, 949, 980, 980, 980, 419 (1,91,378), 2,470, 199, 1958, 3168, 418, 97124, 217, 100, 107, 108, 879, 89, 1969, 197, 1964, 1965, 249, 198, 2000, 2006, 797, 39796, 7986, 7946

(unit) . [Ground for Recognition] Unsatisfy, Gap evidence 1 through 9, the purport of the whole pleadings.

2. The assertion and judgment.

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