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(영문) 서울남부지방법원 2017.05.12 2016가단47106
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff suffered damages equivalent to KRW 1 billion from a fire occurred in the same location as twice on January 15, 2013 and December 17, 2013 at the warehouse of Korea-Tex Co., Ltd. used by the Plaintiff.

A fire has been moved to C factory that is adjacent to the fire.

The fire was caused by fire that was committed in collusion with D and its employees, the president of C, in collusion with insurance money.

C claimed insurance money from the Korea Fire Insurance Co., Ltd., which was subscribed to fire insurance.

The Korea-U.S. Insurance delegated the investigation of damages to A.S. Adjustment Co., Ltd., and the defendant, who is its employee, investigated the fire case as an adjuster and prepared a damage evaluation report.

In the process, the defendant has gathered the C president D and from time to time, and has prepared a damage evaluation report which has fabricated the fire prevention case into the basis of the cause.

Accordingly, the plaintiff, who is the victim of fire prevention, becomes the perpetrator, and the fire victim, and caused the damage to the plaintiff.

Since the defendant committed an act of law such as preparation and uttering of insurance fraud and false private documents, he/she shall claim damages such as the purport of the claim.

2. Determination:

A. According to the evidence evidence Nos. 5 and 6, the Plaintiff filed a complaint with C president D, and E and employees F with respect to the instant fire under the suspicion of fire, but the Prosecutor’s Office in 2013 received a non-prosecution disposition that was all suspected of having no suspicion.

B. In addition, it is insufficient to recognize that the instant fire was caused by fire prevention, such as D, even if all the descriptions and images of Gap evidence Nos. 1 through 13 (including paper numbers) submitted by the plaintiff were comprehensively taken into account, and further, it is insufficient to recognize that the plaintiff prepared a false report in collusion with D, etc., even though the cause of the fire was fire.

3. The plaintiff's claim for the conclusion is dismissed on the ground that it is without merit.

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