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(영문) 서울중앙지방법원 2018.12.12 2016가단28277
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. On October 19, 201, the Plaintiff (formerly: Eastern Fire Marine Insurance Co., Ltd.) concluded a comprehensive insurance contract for smart business (hereinafter “instant insurance contract”) with respect to the insurance amount of facilities and movable property owned by B in the warehouse building located in B and Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and KRW 5,000,000 in the case of movable property, and KRW 95,000 in the case of movable property.

B. Around April 19, 2013, the Defendant requested D, the husband of B, to perform the roof reinforcement work of F Building B located in Seoul Jung-gu, Jung-gu, Seoul (hereinafter “F Building”), and paid the construction cost on a daily basis.

Since that time, the defendant, along with G et al., was carrying out roof reinforcement works on the F building.

C. On April 21, 2013, at around 13:46, the Defendant, G, etc., while melting on the roof of the F Building, caused damage to the instant building, which is connected thereto, due to the outbreak of inflammable substances, such as punching on the second floor of the F Building.

(hereinafter “instant fire”). D.

Due to the fire of this case, B suffered damages from fire of the facilities and equipment of the building of this case.

On August 20, 2013, the Plaintiff paid KRW 99,580,026 insurance proceeds to B according to the instant insurance contract.

Detailed details of the amount of damages and the amount of insurance proceeds, etc. caused by the instant fire are as follows.

(unit: 5,00,000,00 24,359,710 24,359,359,759, 24,710 - 24,710,710 5,000 95,000 245,431,950 245,431,950 1,085,000 244,346,950 94,5094,580,026 1,00,000 269,791,660,660 269,601, 601, 6085, 608,606, 609, 609, 580, 506, 506, 580, 566, 560, 560, 5660, 50

2. The gist of the Plaintiff’s assertion lies in the Defendant’s contact work.

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