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(영문) 서울남부지방법원 2020.10.16 2020가단228414
구상금
Text

1. The Defendant’s KRW 50,199,542 as well as the Plaintiff’s annual rate of 5% from June 22, 2018 to October 16, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into a fire insurance contract (the insured: the insurance period: from December 17, 2014 to December 17, 2024; the matters covered by fire security: the building amounting to KRW 80 million; and KRW 30 million.0 million) with C. The Defendant is the owner of the Gangwon-do F Housing (hereinafter “Defendant Housing”) located adjacent to D’s above houses.

B. (1) On March 23, 2018, at the Defendant’s house, a wooden building, the instant fire occurred (hereinafter “instant fire”) and around 23:52, 2018.

2) In light of the fact that the Defendant’s housing was discharged, and thereafter, the Defendant’s housing was burned out of the Defendant’s housing and the air conditioners, such as air conditioners, etc. located in D’s housing and air conditioners located in D’s housing, etc., the result of the fire site inspection at the Young Fire Station, and the result of the inspection at the fire site at the Young Fire Station, as a whole, it is presumed that the fire wears out of the building (such as wood columns, roof color, D roof type, electric meltings, etc.), but it is difficult to quantately refer to the chemical combustion and fire source as it is difficult to quantately mention the specific cause of a fire that is caused by the collapse of fire due to the large cost of the fire, such as the electrical and mechanical factors, and the result of the appraisal at the National Research & Research Institute at the time of the assessment at the time of the Defendant’s housing and A’s housing storage.

C. Due to the instant fire, the Plaintiff paid KRW 83,665,904 insurance money to D due to the previous suit in the household and household and household and household and household and household and household and household and household and household and household and household and household and household and household and household and household and household and household. The Plaintiff paid KRW 83,665,904 as the insurer on June 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7, Eul evidence No. 3, the purport of the whole pleadings

2. Determination:

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