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(영문) 서울중앙지방법원 2018.09.13 2016가단5152328
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a fire insurance contract that leases 4 floors from Defendant C C’s clan (hereinafter “Defendant C’s clan”) on the 2nd ground floor above the 5th underground floor located in Daegu-gu, Daegu-gu (hereinafter “instant building”) in which Defendant C’s clan owned and operates “E” and the insurance period from March 12, 2015 to March 12, 2016; part of the two floors of the instant building is leased to the building, facility, and house for the insured; from December 20, 2013 to December 20, 2020, the H and the insurance period of the instant building consisting of the facility, fixtures, fire insurance contracts that consist of movable property, and fire insurance contracts that consist of “I” and the insurance period from March 12, 2015 to December 24, 2015 to December 20, 2015; and part of the insurance period of the building that concluded with the J and the insurer operating the first insurance period;

(2) On December 3, 2015, Defendant B leased approximately 161 square meters of the second floor of the instant building from the Defendant clan (hereinafter “instant lease”), and operated a fitness in the name of “K” (hereinafter “instant resort club”) after completing the interior repair work around January 2016.

B. A fire (hereinafter “the instant fire”) occurred on February 4, 2016, which is within the insurance period of each of the instant insurance contracts, around 19:20, on the following grounds: (1) around February 4, 2016, at the left walls of the pice club of the instant case; and at the power distribution team installed in contact with the electric challenge room of the instant building (hereinafter “the instant power distribution team”); and (2) the high voltage electric wires and telecommunications lines connected to the rooftop transformation equipment from the second underground floor to the rooftop transformation equipment of the instant building were destroyed by fire; and (3) the stairs, corridors, toilets, etc. of each floor were destroyed or damaged by smoke and noise; and (4) H was damaged or damaged by the facilities inside the billiard; and (5) the damage caused by flame, heating, and fire-fighting.

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