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(영문) 서울중앙지방법원 2016.05.17 2014가단5260447
구상금
Text

1. Defendant B’s KRW 51,203,480 as well as 5% per annum from October 19, 2012 to June 26, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the owner of the 34th floor building (hereinafter “instant building”) newly constructed around October 1990, and Defendant A was operating the restaurant in China by leasing 20 square meters of the 1st floor store of the instant building from Defendant B (hereinafter “instant store”) around October 2009. Defendant Dongbu Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Dongbu Fire”) is the insurer that concluded the instant contract with Defendant A’s spouse as the subject matter of insurance with the facilities owner, including liability for damages.

B. E leased the first floor store of the instant building (hereinafter “the instant damaged store”) adjacent to the instant store, and operated the sales store of the Buddhist goods. The Plaintiff entered into a contract with E on February 17, 2012 through February 27, 202 with the term of the contract with the Plaintiff, which made the instant damaged store as the subject matter of the insurance (hereinafter “the instant insurance contract”).

C. On August 15, 2012, around 17:14, 2012, the fishidine at the instant store snicked the electric wires, and spread the flames generated from the light such as the mar, installed in the marth tent, and 10 square meters of the annual mar, and the fire that burns part of the remainder and that caused the fire (hereinafter “instant fire”) occurred. A part of the snargs of the adjacent damaged store’s fire was damaged by the smoke caused by the said fire.

Under the instant insurance contract, the Plaintiff paid insurance proceeds of KRW 51,203,480,00,000,000 on October 11, 2012, and the total amount of KRW 21,203,480 on October 18, 2012, based on the assessment of the damages caused by the instant fire to E according to the instant insurance contract.

E. As a result of the appraisal of the main body of the type light where the instant fire occurred and the electric wires for indoor distribution, the man-made wires and indoor wires remaining in the body of the principal body, such as the type light, etc. shall be used as well as as indoor wires, prepared by the appraiser F of the National Scientific Investigation Institute (A 5).

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