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(영문) 서울중앙지방법원 2020.01.08 2019가단5146188
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C is the owner of the third floor building on the ground in Sejong City (hereinafter “instant building”). At this time, one member is operated, the first floor and the second floor are the diagnosis and treatment room, and the third floor was used as the rest room for the staff.

B. On July 25, 2017, the Plaintiff entered into a non-exclusive agreement with C on July 25, 2017, stating that the insurance coverage period from July 25, 2017 to July 25, 2027, and that the subject matter of the instant insurance shall be compensated for damage caused by fire by using the instant building, house-house, and facility (hereinafter “instant insurance contract”).

C. At the waiting room of the first floor of the instant building, there were three people waiting for a telegraphic system and three people waiting for treatment, and the above people had a shoulder flag (hereinafter “the instant massage”). However, the Defendant imported and sold the instant massage machine to Korea as an independent importer with its head office in Singapore.

On June 28, 2018, at around 06:54, a fire occurred in the waiting room on the first floor of the instant building, and 07:04,000 on the same day by fire 119 fire fighters (hereinafter “the instant fire”). As a result, one square meter out of the total floor area of the instant building 186.75 square meters was destroyed by one square meter, and 60 square meters was damaged by one telegraph, one system air conditioner and one system air conditioner were destroyed.

E. On April 5, 2019, the Plaintiff paid KRW 93,526,558 to C totaling KRW 93,526,558, in accordance with the instant insurance contract.

F. The results of the instant fire-related investigation are as follows.

1. On-site identification report of the Chungcheongnamnam Police Station - Fire is presumed to have been first launched and burned out from the front door of the front door of the road inside the Council, taking into account the site conditions, at the same time as the site conditions. - On the chair for the patient waiting room presumed to have first been placed on the top of the front door of the Council. - The necknam is placed on the top of the front door of the patient waiting room, and the electric source code is stuck on the wall.

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