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(영문) 서울중앙지방법원 2017.02.14 2016가단5038255
구상금
Text

1. Defendant A’s KRW 725,030,669 among the Plaintiff and KRW 600,000 among them, and KRW 125,030,669 from September 25, 2015.

Reasons

1. Facts of recognition;

A. On February 24, 2015, the Plaintiff entered into an insurance contract and the relationship with the parties is an insurer who entered into a fire insurance contract (hereinafter referred to as the “instant insurance contract”) with the Non-Yandong-gu Seoul Metropolitan Government Co., Ltd. (hereinafter referred to as “Non-Yandong-gu”) for the purpose of compensating losses incurred to the subject-matter of insurance due to fire, from February 24, 2015 to February 24, 2016.

B. On July 9, 2015, around 05:05, the occurrence of a fire accident occurred in the instant building, at least two low temperature storage units installed in the instant building, and the fire presumed to be electrical factors in the second outdoor equipment installed on the back of the 2th greenhouses, among the low temperature storage units installed in the instant building, and the instant building and the instant building, and 4 of low temperature storage units, inventory assets, house fixtures, machinery equipment, etc. were entirely stored.

(hereinafter “the instant fire”). The low temperature storage is a facility that keeps straw and pots in a state of maintaining a certain temperature and damp, with a structure that stores air conditioners through pipes from the outdoor machine to supply air conditioners to the inside, store air conditioners through pipes, and adjusts internal temperature and damp level by the automatic control system.

On the other hand, the air conditioning gas, which is distributed in the outdoor air, is supplied inside the air conditioning and re-storage after the cooling and conditioning process in the external air.

At the time of the instant fire, only two low temperature storages were operated.

C. As a result of fire-prevention, the National Institute of Scientific Investigation established the following purport: (a) the field investigation of the instant fire; and (b) the awareness on the two points of the outdoor entrance collected at the site; and (c) the causes of the instant fire are less than two low temperature storage.

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