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(영문) 서울중앙지방법원 2016.05.18 2016나7158
구상금
Text

1. Of the judgment of the first instance court, KRW 51,460,655 against the Defendants and the Defendants’ amounting to the Plaintiff from April 6, 2012 to May 18, 2016.

Reasons

1. Basic facts

A. On October 25, 2010, the Plaintiff concluded a comprehensive insurance contract on non-dividendd property with the content that the Plaintiff compensates in the event that a fire, etc. or other damage was incurred to another person’s property as to the factory and inventory assets at the time of strike (hereinafter “instant factory”) between B and B.

B. Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into a contract with Defendant Samsung Fire and Marine Insurance Co., Ltd. to compensate for any damage inflicted upon another person during the daily life of the Defendant A, a factory employee of the instant case.

C. On October 22, 2011, a fire occurred in the instant plant, and the instant plant and inventory assets were entirely stored, and two nearby factories and housing were burned.

(hereinafter “instant fire”). D.

The Plaintiff paid KRW 17,108,550 to B, respectively, KRW 30,917,80 on February 24, 2012, and KRW 32,276,881 on March 9, 2012, and paid KRW 17,108,550 on April 6, 2012 to the victim D following burning.

E. In addition, B paid KRW 5,464,528 as damages for the instant fire to the victim E, the insurer of the victim E following burning (hereinafter “Mez fire”). On April 6, 2012, the Plaintiff paid KRW 5,464,528 for the said damages to B.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination on the cause of the claim

A. Considering the following facts acknowledged by comprehensively taking account of the statement Nos. 5 and 7 as to the establishment of liability for damages, and the fact-finding results of the court's fact-finding on the strike fire report by the court of first instance, the fire of this case is burned to the inside combustible materials of the factory due to negligence of leaving the site by turning on a portable gas tape in the work preparation by Defendant A, while leaving the site.

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