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(영문) 서울중앙지방법원 2017.03.16 2016가단5059870
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. (1) The Plaintiff is an insurer who entered into a property comprehensive insurance contract with respect to the equipment and inventory assets of the convenience store located in the 109th floor of the 1st floor of the Sinyang-si B building (hereinafter “instant building”) and the 1st floor of the 109th floor of the Sinyang-si (hereinafter “C”) with the Plaintiff as the insurer who entered into the property comprehensive insurance contract with respect to the period from December 9, 2013 to December 9, 2014.

(2) On May 14, 2014, D is a person who operates a ice restaurant (hereinafter “E restaurant”) under the trade name of “E” on leased Nos. 205 and 305 of the second floor of the instant building.

(3) The Defendant is an insurer which has concluded a fire insurance contract with D.

B. A fire (1) around December 13, 2014, which occurred on the 22:31st of the E restaurant 2nd of the bend of the Vietnam store and material storage (hereinafter “instant fire”) that D operated by D, caused a loss of convenience stores, fixtures, fixtures, and various goods, or flooded by fire water, by setting up until the above convenience stores located in No. 109 of the 1st of the 1st of the same building in a non-breadth.

(2) The second floor floor plan of the instant building is as follows.

C. The results of the investigation conducted by the police station, fire station, and Korea Electrical Safety Corporation which investigated the fire outbreak or cause of the instant fire are as follows:

OE is determined to have been first launched on the top of the ceiling room of the second floor warehouse. It is highly probable that the apartment 1 (limited to the closing room of the above ground plan; hereinafter the same shall apply) was emitted on the roof of the warehouse 2 (limited to the material storage of the above ground plan; hereinafter the same shall apply) with information about the ceiling of the apartment 1. However, it is difficult to determine the specific location and distance of the apartment stringing points because the installation location and distance of the apartment 2 (other than the electric lamps discovered from the first floor of the warehouse, and the electric wires increased to the warehouse 2) show the strings of the apartment strings is difficult. In light of the fact that the oral contents and the warehouse of the apartment 2nd floor were not easy access, it is determined that the possibility of combustion due to artificial circumstances is low, and that the smoke stringing has been damaged by the electrical heat of the cable.

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