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(영문) 서울중앙지방법원 2018.06.21 2017나76861
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff entered into an insurance policy with regard to Pyeongtaek-si Jeju Youth located in B (hereinafter “instant insurance contract”) between October 1, 2013 and October 1, 2018, with respect to the insurance coverage period from Pyeongtaek-si located in B, the Plaintiff entered into an insurance contract with the object of insurance, building and collection expenses, building amounting to KRW 400,000,000,000,000 in total and KRW 40,000,000.

B. The Defendant went out on April 18, 2014 to the long-term guests of the foregoing DNA 303 (hereinafter “the instant guest room”). Around 04:30 on May 1, 2014, the Defendant returned to the guest room in the instant case. A fire (hereinafter “the instant fire”) occurred in the wall bridges installed inside the instant guest room, resulting in a small wind, and the damage was caused by a fire that caused small damage and contamination.

C. On the ground of fire, in light of the fact that “the instant fire was destroyed by fire by the wind gate and the wind gate, which was connected to the floor, electric power source code was connected, and the power source location was in one minute, and the Defendant’s mechanical factors cannot be ruled out due to a fire that was caused by the heat from the storm in the locking space because all of the wind gates were not obstructed, and the fire that was caused by the fire that was caused by the failure to block all of the wind gate cannot be ruled out,” the instant fire is presumed to be a fire that “the instant fire is presumed to be a fire that was caused by the collapse of the wind gate and falling down on the floor, while the wind gate was connected with the electric code, and there were no electric and mechanical peculiar points in other indoors, and thus, it is presumed that the process of fire fighting was investigated by the air shield in the locking space.”

The Plaintiff, according to the instant insurance contract, was caused by the instant fire to E, ASEAN, on November 17, 2014.

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