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(영문) 서울남부지방법원 2020.11.12 2020가단209710
구상금
Text

1. The plaintiff's primary claim against the defendant C and the conjunctive claim against the defendant C, D, and E are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an I contract with F for the purchase of insurance coverage amounting to KRW 180 million for buildings, machinery, facilities, inventory assets, etc., KRW 80 million for machinery, KRW 80 million for facilities, KRW 80 million for inventory assets, KRW 80 million for inventory assets, and the insurance coverage period from October 5, 2015 to October 5, 2020 for buildings, machinery, facilities, inventory assets, etc.

B. On January 28, 2016, Defendant B leased from Defendant C, D, and E (hereinafter “Defendant C, etc.”) the owner of the land and its ground buildings in Gwangju-si, Gwangju-si (hereinafter “Defendant C, etc.”) a deposit of 30,000,000 square meters for a single-story affiliated building with the exception of housing among the above land and its ground buildings (hereinafter “instant building”) until February 1, 2018, and the said lease agreement was explicitly renewed.

C. Defendant B operated punch production factory (hereinafter “instant factory”) with the name “K” in the instant building, and Defendant B used the instant building as its site.

On May 29, 2018, a fire (hereinafter “instant fire”) occurred at the night site of the factory of this case around 17:02, and setting fire, such as the presses and spunch-type equipment of the factory of this case, and processed products, such as machinery and spunch-raw materials, etc., were destroyed, and fire was expanded due to nearby fire, and the outer wall and window of the H factory building of this case operated by F was destroyed by burning.

E. On July 27, 2018, the Plaintiff paid insurance money of KRW 43,401,146 to F for the damage incurred by the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 and 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant B, as the occupant of the instant plant, has a duty to safely manage the instant plant, such as taking protective measures to prevent the occurrence of a fire and prevent the spread of a fire. However, Defendant B, as the owner of the instant plant, has a duty to safely manage the instant plant.

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