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(영문) 서울중앙지방법원 2019.06.18 2017가단5202237
구상금
Text

1. Defendant B Co., Ltd.: 54,009,265 won and 5% per annum from August 19, 2016 to June 18, 2019.

Reasons

1. Claim against Defendant B (hereinafter “Defendant B”)

A. On March 9, 2016, around 03:30 on March 9, 2016, a fire in Defendant B’s factory E-dong and container accommodation and part of the restaurant, F-dong and G-dong were destroyed. On the other hand, among the buildings located in the adjacent Macheon-si Igwon located in the adjacent Macheon-si, the engine room was breath among the buildings located in the adjacent Mancheon-si, and the Mancheon-si was damaged by the noise and flood damage caused by the noise and flood, as well as the attached heating and cooling equipment (the outdoor equipment and boiler).

On March 15, 2016, the Gyeonggi Northern Police Agency Scientific Investigative Team concluded that the instant fire site was discovered between Defendant B’s container restaurant and Gdong as a result of a sense of the fire site on March 15, 2016, and that there was a possibility that the smokeing clothes of electric wires, which were closed to the right side of the container restaurant, were divided into a bucking tape, plucking, etc.

Before the occurrence of the instant fire, I had concluded an insurance contract with the Plaintiff, and the adjuster calculated the net amount of damages incurred by the instant fire at KRW 742,909,955. On August 18, 2016, the Plaintiff paid KRW 351,173,247 (i.e., the amount of insurance proceeds at KRW 66,787,589 (i.e., the amount of insurance proceeds at KRW 284,385,658) to the IC on August 18, 2016.

I filed a lawsuit against Defendant B seeking payment of KRW 565,147,716, which was not transferred to the Plaintiff’s insurance money, by asserting that the amount of damages incurred by the instant fire was totaling KRW 916,320,963, including KRW 565,147,716, and KRW 565,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

The first instance court (the District Court 2017Gahap56575) determined that the instant fire occurred due to the defect in the installation or preservation of Defendant B’s structures or at least the occurrence of damages to the Plaintiff due to the spread of the instant fire due to such defect.

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