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(영문) 대구지방법원 2015.07.21 2013가단46976
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is an insurer who entered into a housing fire insurance contract with the head of B apartment management office regarding the above apartment building. Around May 6, 2013, at around 18:18, the Defendant caused a fire accident that burns part of the building and underground parking lots of 205 apartment buildings and two parked vehicles (hereinafter “the instant fire accident”) by setting off the newspaper sites located in the 1st floor B apartment located in the 205 North-gu, Daegu (hereinafter “instant apartment”) in order to remove the newspaper sites located in the 1st floor waste collection center, and then moved them to the newspaper sites located in the 205-dong and underground parking lots of the instant apartment and the 2nd vehicle parked in the parked vehicle (hereinafter “the instant fire accident”).

B. Therefore, the defendant is liable to compensate for damages caused by the fire accident of this case as a tort by the head of the apartment management office, and is liable to pay the plaintiff totaling KRW 165,284,403 to the plaintiff who acquired the right to claim damages by subrogation of the head of the above management office.

2. On the ground that the Plaintiff’s request for the delivery of documents on the Plaintiff’s evidence and the Daegu Northern Fire Fighting Unit was insufficient to acknowledge that the Defendant caused the instant fire accident, and there is no other evidence to acknowledge this otherwise. Rather, if the evidence No. 7 added the purport of the entire pleadings, the Defendant was indicted for the instant fire accident, and the judgment of not guilty was affirmed by the first instance court (Seoul District Court 2014 High Court 2014 High Court 246).

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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