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(영문) 서울중앙지방법원 2020.12.08 2019가단5178383
구상금
Text

1. Defendant B’s KRW 59,291,801 as well as the Plaintiff’s annual rate from June 27, 2019 to January 10, 2020.

Reasons

1. Basic facts

A. D is the owner of the building Fho-gu E in Busan (hereinafter “instant store”).

The Plaintiff is the insurer who entered into a fire insurance contract with the purchase price of KRW 1,900,00,000 for the building D and E, and the Defendant C is the person who leases the instant store and operates the sports massage place business.

B. Defendant C requested Defendant B to build the interior of the instant store.

On December 4, 2018, Defendant B performed 49 square meters of the entire space of the instant store on the floor and neglected the plug of the electric drum without extracting the plug. As a result, around 12:29 square meters, Defendant B was stuck to the legacy that remain on the floor, explosiond, and fire occurred in the store hole.

(hereinafter “instant fire”). C.

On June 26, 2019, the Plaintiff paid insurance proceeds of KRW 59,291,801 (=Building KRW 54,329,321, KRW 4,962,480) to D as to the damages caused by the instant accident.

Defendant B was indicted as a crime of occupational deterioration.

(B) On February 5, 2020, the lower court rendered a judgment ordering two years of suspension of execution and one hundred and sixty hours of community service work in August, 2020, on the ground that the Defendant B had a duty of care to prevent the occurrence of a fire by extracting electric machinery plugs sufficiently at the time of the work and after the work, on the following grounds: (a) the Defendant B violated this and thereby caused the instant fire.

Defendant B appealed against the above judgment (the Busan District Court Decision 2020No661), but the dismissal judgment on August 20, 2020 became final and conclusive on August 28, 2020.

【Defendant B based on Recognition】 Defendant B: The fact that there is no dispute, entry of evidence Nos. 1 through 6, and the purport of the whole pleadings, as a whole, of confessions (Article 150(3) and (1) of the Civil Procedure Act)

2. Defendant B

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