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(영문) 서울중앙지방법원 2018.05.30 2016가단5295683
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The relationship between the parties and the Plaintiff entered into an insurance contract with the Plaintiff, which is an insurance company that runs the insurance business, concluded an insurance contract with the Plaintiff, which sets the insurance coverage amount of KRW 630,000,00 with respect to the buildings, inventory assets, facilities, installed machinery and office fixtures, etc. located on the nineth floor of the building B (hereinafter “instant screen golf course”) and compensates for damage caused by fire on the said subject matter (hereinafter “instant insurance contract”).

The Defendant is a manufacturer who manufactured and supplied string-type air conditioners (hereinafter “instant heating and cooling equipment”) around March 2008, which were installed at three screen golf courses of this case.

On June 16, 2016: (a) around 06:10 on June 16, 2016, a fire occurred in the instant heating and cooling machine installed at three rooms of the instant screen golf course; and (b) the air conditioners in the instant heating and cooling machine and the machinery, fixtures, etc. installed in the instant golf driving range were destroyed by fire.

(hereinafter referred to as “the instant fire.” As a result of the identification of the cause of fire, electric wires allocated to the part which was destroyed by the fire at the bottom of the instant cooling and heating apparatus (Evidence A No. 4) are connected wires with indoor and outdoor equipment, electric wires are distinguishable from both indoor and outdoor equipment, and tight lines, etc., which are distinguishable from the indoor and outdoor cable connecting wires with outdoor equipment (location at the inside bottom of the indoor and external equipment) can be formed due to the efficiencies, such as incomplete contact with the connecting body. If the possibility of the outbreak caused by aquatic factors is excluded, the said part of the police station (wholly No. 5) having jurisdiction over the fire station (the requirements for electric power failure) can act as an electrical source, and it is installed at the screen golf club 3 times in the instant case.

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