logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.05 2017가단5025508
구상금
Text

1. All of the plaintiff's claims are dismissed.

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

The Defendants, who are in charge of Cheong-gu, and who are in charge of Cheong-gu.

Reasons

1. Basic facts

A. The Plaintiff, as an insurance company, concluded a “H” contract (hereinafter “this case insurance contract”) with the purpose of fire damage security, etc. by making the subject matter of insurance as D owner, so that the insured amount is KRW 750,000,000, and the insurance period is from December 16, 2014 to December 16, 2019.

B. Defendant B leased the first floor of the instant building from D to October 14, 2016 to October 29, 2016.

Defendant C together with Defendant B, operated the above business.

C. On October 20, 2016, around 22:19: (a) fire occurred on the first floor of the building in the instant case (hereinafter “the instant fire”); (b) the first floor resulting from the fire was damaged by KRW 47,637,317 in total by the cost of repair and the cost of removing remaining products; and (c) the first floor was damaged by KRW 26,101,496 in total by the cost of repair and the cost of removing remaining products.

On January 26, 2017, the Plaintiff paid KRW 73,738,813 (i.e., the above KRW 47,637,317, and the above KRW 26,101,496) as insurance money under the instant insurance contract.

E. (1) As a result of the fire station investigation, etc. - The instant fire occurred around 22:20 on October 20, 2016.

- The main entrance inside the event store is highly likely to have been spread at a nearby point.

- The possibility of fire caused by electrical factors is rare and there is no special firer such as fire handling facilities in the store, and the fire occurs inside the store where around 21:20 leaves around 21:20 and about 1 hour has passed, it cannot be ruled out the possibility of combustion caused by incidentalism (tobacco but there is no accurate firer, because there is no cause.

(2) The police investigation result - The time of the occurrence of the instant fire is about 22:19 or 22:00 on the same day, October 2016.

- The burning type of the store shall be gradually emitted from the inside floor of the store at the entrance of the store, and shall be on the inner side.

arrow