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(영문) 서울중앙지방법원 2017.10.12 2016가단5264221
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded a comprehensive insurance contract for LIGWnB with the coverage period from March 12, 2015 to March 12, 2020, with respect to the 10 million building (hereinafter “the instant low temperature warehouse”) with respect to the 3rd temperature storage in the Gyeong-gun, Gyeongbuk-gun, North Korea (hereinafter “instant low temperature warehouse”) owned by B, with the coverage period of KRW 40 million,000,000 for buildings.

B. On July 30, 2016, around 03:10 on the instant low temperature storage, a fire that was destroyed by all the 1,000 winners of the building in the Defendant’s possession, which was kept in storage and cooling system, as well as the storage and cooling system, occurred.

(hereinafter “instant fire”). C.

The Plaintiff paid KRW 21,370,943 to B on October 28, 2016 with the insurance proceeds from the instant fire.

[Judgment of the court below] The plaintiff 1, Gap 1, 5, 7, and the ground for the appeal

2. The allegations and judgment of the parties

A. The plaintiff asserted that the defendant is liable to compensate for damages caused by the fire of this case, since he had the duty of care to keep the fire of this case by leasing a low temperature warehouse from B, and therefore he did not prove that the fire of this case was not caused by the cause attributable to him. The defendant did not prove that the cause of the fire of this case is unclear and the defendant did not perform his duty of care. Thus, the defendant is liable to compensate for damages caused by the fire of this case to the plaintiff who acquired the right of compensation by subrogation.

In regard to this, the Defendant deposited the instant low temperature storage to B, and there is no fact that the Defendant leased the instant low temperature storage, and even if not, the instant fire occurred not in the instant low temperature storage but in the warehouse managed by B, and the cause of the fire is also caused by the electrical factors, such as the electric power ship.

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