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(영문) 서울중앙지방법원 2019.05.29 2018나39319
구상금
Text

1. From July 13, 2017, regarding the Plaintiff’s KRW 56,564,241 as well as KRW 46,73,80 as to the Defendant among the judgment of the first instance.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as stated in Article 420 of the Civil Procedure Act, except for the case where the first instance judgment’s reasoning is based on which the “I Insurance (hereinafter “I Insurance”) was used as “I Insurance (hereinafter “I Insurance”)” under Section 13 of the second part of the judgment of the first instance as “the instant insurance contract was concluded.”

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the fire site of this case is loaded in large quantity of inflammable materials, such as boom, tent, wood by-products, etc., which are vulnerable to the fire around the defendant's factory, but the defendant did not organize or discard it, and the fire of this case occurred. Thus, the defendant is liable to compensate for damages caused by the fire of this case pursuant to Article 750 of the Civil Act or Article 758 (1) of the Civil Act. Accordingly, the plaintiff is liable to compensate for damages caused by the fire of this case on behalf of the defendant in subrogation of D within the scope of insurance money paid to D pursuant to Article 682 of the Commercial Act. 2) It is not a structure that appears that the fire of this case occurred, but according to the result of the investigation of the Gyeonggi Provincial Police Agency or Gwangju Fire Station, etc., even if the cause of the fire of this case is not revealed accurately, the defendant is not liable to compensate for damages.

B. The reasoning for this part is as follows in the third 15th of the judgment of the court of first instance: “The following facts may not be disputed between the parties, or may be acknowledged by taking into account the overall purport of the pleadings as a whole as to the results of the inquiry into the fact-finding with respect to the Gyeonggi Fire Station of this Court,” and the third 16th 16th 3th 16th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th.

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