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(영문) 서울중앙지방법원 2019.11.26 2019가단5063955
구상금
Text

1. The Defendant’s KRW 83,979,697 as well as the Plaintiff’s annual rate from November 14, 2018 to November 26, 2019.

Reasons

1. Basic facts

A. On December 29, 2017, the Plaintiff concluded an insurance contract with C Co., Ltd. (hereinafter “C”) with respect to a single-story steel structure A, a 198 square meters (hereinafter “A Dong”), B, 198 square meters (hereinafter “B Dong”), and two steel-frame factories C, a 365.87 square meters, respectively.

B. On March 17, 2017, the Defendant concluded a lease agreement with respect to C and Dong with a lease term from March 18, 2017 to March 17, 2019, with a lease deposit of KRW 17 million, monthly rent of KRW 17 million (excluding value-added tax, and the 18th day of each month on the payment date of rent).

C. On July 2, 2018, at around 18:50, a fire occurred in Adong, and the occurrence of an accident that partially destroyed Bdong.

(hereinafter “instant fire accident”). D.

On November 13, 2018, the Plaintiff paid KRW 155,749,365 (i.e., the Plaintiff’s KRW 83,979,697, B, Dong B, 71,769,668) to a corporate bank, a pledgee, for the instant fire accident.

E. The results of the investigation of the relevant agency on the instant fire accident are as follows.

1. A comprehensive fire-fighting report on fire investigation;

8. Examination and fire possibility of fire causes: Electric factors that are judged to be low: Electric factors were installed in the main building, and there were people in the building, and for several months, it was confirmed that tenants installed various machinery and equipment and used at the tenant's request, but they were infinites by allowing tenants to supply electricity at the tenant's request. In particular, according to weather information of the Korea Meteorological Administration according to the weather information of the Korea Meteorological Administration, the possibility of fire caused by a fire was high wind accompanied by lightning at the time of the instant fire accident, and it cannot be specified as one part of the causes, such as the possibility of fire caused by electric contact and electric power code, inferior contact with electric power system, electrical trekking, etc., but the possibility of combustion caused by electric factors is judged to be high, but it is not observed that there is any specific point related to gas leakage (explosion) that is not observed.

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