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(영문) 서울중앙지방법원 2015.05.28 2012가단311322
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff entered into a housing fire insurance contract with the council of occupants' representatives of B apartment houses with the head of each apartment household as the insured.

However, around 17:40 on March 11, 2008 during the insurance period, a fire due to gas explosion in 204 Dong 1301, an apartment that the Defendant and his wife C were living (hereinafter “instant fire”).

Accordingly, on May 14, 3008, the Plaintiff paid KRW 26,403,523 in total as insurance money under the above fire insurance contract.

2. In so doing, the Plaintiff asserts that the Defendant intentionally caused a fire accident by causing gas leakage of gas sirens for the purpose of killing C, and that the Defendant would be liable to compensate the Defendant for the tort within the scope of the insurance amount paid by the Plaintiff.

(1) However, there is no evidence to acknowledge the Plaintiff’s assertion, and instead, the fact that the Defendant was indicted due to murder, etc. but the court of first instance rendered a judgment of innocence and the judgment of dismissal of appeal in the appellate court (current appellate court pending in the final appeal), the Daejeon District Court 2012Gohap348, the Daejeon High Court 2014No115, and the Supreme Court 2015Do1423, this case is recognized.

Therefore, the plaintiff's claim is dismissed as it is without merit.

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