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(영문) 서울중앙지방법원 2014.08.26 2013가단5058708
구상금
Text

1. As to Defendant A’s KRW 45,004,201 and KRW 30,000 among them, Defendant A’s KRW 45,00,000 from February 9, 2013, KRW 15,004,201.

Reasons

1. Facts of recognition;

A. On September 26, 2012, Defendant A is a person operating a restaurant in the trade name of Jongno-gu Seoul Metropolitan Government Ground Building D by leasing it on or around September 26, 201, and Defendant B is the head of the said restaurant.

B. E is an insurance company that has entered into an insurance contract with E (hereinafter in this case, referred to as the instant insurance contract) in the name of G in the Jongno-gu Seoul Metropolitan Government Ground Building.

C. On October 31, 2012, around 06:43, there was an accident where more than 40 stores, including E operation G, were burned out in the tent and exhaust pipe, among the cases where Defendant B was sleeped in the main bank (hereinafter “the instant fire”).

On February 8, 2013, the Plaintiff paid KRW 30,000,000 as insurance money to E, and KRW 45,007,003 as of March 15, 2013, respectively.

E. E has suffered damages equivalent to KRW 75,007,00,003 in total, of KRW 71,612,547, and movable property damages due to the instant fire.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 14, purport of whole pleadings

2. Determination

A. The plaintiff's assertion as to the claim against the defendant B is that the defendant B is responsible for compensating the damage caused by the fire of this case by negligence because the plaintiff, as a kitchen, is responsible for compensating for the damage caused by the fire of this case because the plaintiff, who is responsible for paying insurance money, paid for the plaintiff, who acquired the right to claim compensation by subrogation pursuant to Article 682 of the Commercial Act, using an adequate quantity of oil according to the degree of diapande pande, and clean up the oil time around the burner in preparation for the fire that can be caused by the sphering or spheringinging of the excessive oil, despite the occupational duty of care to prevent the excessive oil from being clean up and spreading. Thus, the defendant B is responsible for compensating the damage caused by the fire of this case by the fire of this case by negligence.

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