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(영문) 서울중앙지방법원 2016.09.28 2015가단5288909
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a fire insurance contract with A to compensate for losses incurred by a fire accident, setting the insurance period for “C Hanwon” as stipulated in Article 501 of the Seongbuk-gu B Building (hereinafter “instant building”) between Sungnam-si and A during the period from June 12, 2014 to June 12, 2015.

B. D (actual operators are E) is an insurer who has entered into a fire liability insurance contract with D and operated a massage place under the trade name of the Fanchea (hereinafter “the instant massage place”) at the place where six floors of the instant building were leased.

C. On July 20, 2014, around 14:17, a fire (hereinafter “instant fire”) occurred in the massage treatment place in the instant case, and resulting in damage to flood erosion and forests (e.g., 501) of the instant building due to fire-fighting waterways that occurred in the course of fire extinguishment.

The results of the investigation into the fire site of this case and the investigation into the port fire station and the port fire station are as follows.

The staff of the massage practice center stated that a large quantity of sounds sleeped on the corridor while in the inside the room of the place of business was cut off, and that a large quantity of sounds sleeped on the corridor was slicking around the corridor and taken shelter to the exit exit, and that the smoke was rapidly spreading and the smoke was led to a sleeping.

It is presumed that the overall fire-fighting room and the burning shape in the inside of the massage practice room are in the shape of expanding the burning to the floor in the hallway near the equipment room, and it is consistent with the witness of the first stringr, so it is presumed that it was first launched in the hallway near the equipment room.

In the case of internal excavation, fire-prevention factors, mechanical factors and other secondary factors are not discovered, and in relation to electrical factors, the floor is away from the corridor ceiling near the interior equipment of the massage procedure room presumed to be inflammable point.

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