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(영문) 서울중앙지방법원 2014.08.08 2013가단5183482
구상금
Text

1. Defendant A’s KRW 23,403,155 per annum for the Plaintiff and KRW 5% per annum from May 9, 2013 to August 8, 2014.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B is the “D” (hereinafter “instant restaurant”) located in Jongno-gu Seoul operation Jongno-gu Seoul (hereinafter “instant restaurant”).

2) E is the main store of Jongno-gu Seoul Metropolitan Government with the trade name of “G”, H is a small sales facility from “J” to “J”, K is a small sales facility from “M” to “M” (N for the owner of the above store), and P engages in printing business with the trade name of “ Q”, and the arrangement of the instant restaurant and each of the above facilities are as shown in attached Table 1.

3) The Plaintiff concluded an insurance contract with E, H, K, andO as shown in attached Form 2. A fire accident occurred on October 31, 2012, around 06:43, Defendant B entered into an insurance contract with E, H, K, andO. At around the same time, there was an accident, such as the occurrence of a fire in the tent and exhauster in the instant restaurant, and the occurrence of a fire in the E, H, K, andO store was destroyed by the accident. (C) The prosecutor’s past criminal trial against Defendant B was at the Seoul Central District Court, as the Seoul Central District Court, 2013 Godan 2111, and the Defendant’s “Defendant B” attached the burner to create a part of the beer to the customers at the kitchen of the instant restaurant at around 06:43, 2012, put the part of the beer, and then put the part of the beer into a pan, panty, and then put the part of the beer (the part).

In such cases, the defendant, who is the head of the above restaurant, has a duty of care to manage well so that they do not enter in the food milk used at the time of cooking, to control the fire of the burner well, to use the appropriate quantity of oil according to the degree of diapane mon, and to prevent the excessive oil from sprinking and cleaning the oil time around the burner in preparation for a fire that may occur due to the sprinking or routing of food.

Nevertheless, the defendant neglected to do so, and the defendant is in the flade of the flade oil, which is excessively heated into the wind lives of oil to the public, and the flap of the burners.

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