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(영문) 서울중앙지방법원 2018.08.17 2016가단5069402
구상금
Text

1. Upon the Plaintiff’s primary claim, Defendant A’s KRW 15,883,550, and its related thereto, from June 17, 2014 to June 2018.

Reasons

1. Facts of recognition;

A. On February 18, 2010, the Plaintiff concluded a fire insurance contract (F) with C, with the insured period from February 18, 2010 to February 18, 2020, with the facilities and movables in the first floor D (hereinafter “instant building”) in Jung-gu, Seoul (hereinafter “instant building”), with the coverage amount of KRW 30,00,000 in movable property, with the coverage amount of KRW 30,000 in movable property, with the coverage amount of KRW 8,00,00 in facilities, and with the coverage amount of KRW 8,00,00 in facilities (hereinafter “instant insurance contract”).

B. Defendant A leased the second floor of the instant building around 2012 to operate a warehouse in the name of “G”, and Defendant B is the owner of the instant building.

C. On March 10, 2014, around 10:00, a fire (hereinafter referred to as “instant fire”) was created by the joint line of the interior line of the luminous light equipment inside the warehouse of the second floor of the instant building, wherein fire-fighting water used in the process of extinguishing the said fire flows into the 1st floor E of the instant building operated by C, thereby preventing the reuse of all the paper stuff finished products kept in storage in the said store, and the inside facilities of the store, such as floor finishing materials, were also damaged by flooding.

On July 25, 2014, the future damage adjustment corporation assessed total amount of KRW 31,767,101, including KRW 6,278,819, KRW 25,488,282, and KRW 31,767,101, and the Plaintiff paid KRW 31,767,101, pursuant to the insurance contract of this case to C on June 16, 2014.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1, 2, 4, 6, 11, 12, 17, and Eul evidence No. 3

2. Determination

A. The first type of electric wires are identified as to the primary claim, and the first type of electric wires are based on the written appraisal by the National Scientific Investigation Institute, the report on the cause of fire prepared by the Korea Electrical Safety Corporation, etc., that the first type of electric wires are found to have been destroyed due to the electrical fall from the power failure inside the type of light lamps inside the G warehouse, and that the fire is deemed to have occurred due to the outbreak of a fire in the surrounding combustible materials.

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