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(영문) 서울중앙지방법원 2020.01.14 2019가단5068356
구상금
Text

1. The Defendant’s KRW 24,245,481 as well as the Plaintiff’s KRW 5% per annum from May 10, 2018 to January 14, 2020.

Reasons

1. Facts of recognition;

A. 1) C is a restaurant in the name of “E” at the construction site of the Daegu Northern-gu D apartment (hereinafter “instant restaurant”).

(2) The Plaintiff entered into an insurance contract with C, setting the insurance period from May 19, 2017 to May 19, 202, with respect to the instant restaurant, cat, etc.

B. At the vicinity of the restaurant entrance of this case, an electrical temperature (hereinafter referred to as “instant greenhouse garage”) manufactured by the Defendant was installed. On January 25, 2018, around 19:22, the instant greenhouse park and the instant restaurant and the instant cafeteria were destroyed by fire, following the fire in the lower part below the instant greenhouse park, and the fire occurred.

(hereinafter “instant fire”). C.

C has suffered 48,490,963 won due to the instant fire, and the Plaintiff paid 48,490,963 won as insurance money to C on May 9, 2018.

The details of the investigation report by related agencies on the fire of this case are as follows.

1. A fire site investigation report in Daegu Seo-gu fire fighting unit - a fire site investigation report - an electrical distribution line connected with a hot-style and low-speed heat line was found, and a fire is presumed to have occurred in the first hot-water electrical distribution line on the part of the electric power source located in the first thermal-driven power source, deeming that continuous slids have been distinguished in the direction of electric power source code. - In light of its characteristics, it is constructed that if drinking materials are damaged and beverages leak out, it is possible to leak into the lower-class power source operation department, and the possibility of fire due to a shock from power source connection failure cannot be ruled out, and there is no determination of a cause of a fire from the lower-class and lower-class, but in view of the fact that other causes of fire cannot be found in addition to the fact that an electric source presumed to have been removed from the lower-class fire engine, and then, the lower-class plastic cable cannot be found.

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