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(영문) 서울중앙지방법원 2019.07.11 2018가단5163469
구상금
Text

1. Defendant B and Defendant C jointly share KRW 12,246,456 to the Plaintiff and the Plaintiff’s share with respect thereto from May 31, 2018 to July 11, 2019.

Reasons

1. Basic facts

A. From August 14, 2017 to August 14, 2022, the Plaintiff entered into an I insurance contract between E and E, with the subject matter of insurance as a building, facility, and collection fixtures of the second floor H church located in the Gyeonggi-do Suwon-do Suwon-si District G (hereinafter “instant church”) located in the F-owned Gyeonggi-do. As the subject matter of insurance, the amount of insurance coverage was KRW 40 million in the building, KRW 50 million in the facility, KRW 50 million in the house fixtures, and KRW 50 million in the house fixtures (hereinafter “instant insurance contract”).

B. Defendant B was engaged in the simple internal repair of the instant church, and Defendant C and D were introduced to the head of the instant church, who was requested by J to perform the interior repair work of the clan (hereinafter “instant construction work”), and on April 26, 2018.

The instant church paid KRW 200,000 to Defendant B and KRW 130,000 to Defendant D as a daily allowance for the instant construction work.

(The daily amount per day to Defendant C is unclear).

On the same day, Defendant B and C used the contact with each other using the contact body possessed by Defendant B in order to replace the union members of the instant church with each other inside the closing tower on the same day.

However, at around 12:30 on the same day, the Defendants suffered from fire at the strings of the strings of the roof of the church of this case (hereinafter “the fire of this case”) due to the fire, which caused damage to the members of the organization, who were placed at the assembly site due to small loss of steel plates and the roof, ceiling and electric facilities, and fire fighting water.

The Plaintiff paid KRW 81,643,045 as insurance money to F on May 30, 2018 according to the instant insurance contract.

F. With respect to the cause of the instant fire, the competent fire fighting unit excludes the possibility of fire prevention, gas leakage, chemical factors, mechanical factors, and electrical factors. The Defendants, prior to the occurrence of the fire, performed melting works at the closing tower adjacent to the roof of the sloping point, and the roof of the sloping and sand position plate.

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