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(영문) 서울중앙지방법원 2018.05.02 2017가단5077400
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 13, 2016, the Plaintiff concluded a housing fire insurance contract (hereinafter “instant insurance contract”) with the council of occupants’ representatives in Seongbuk-gu Daejeon B Apartment (hereinafter “instant apartment”) and with respect to the buildings (3,958 units) and attached facilities within the instant apartment complex, and household fixtures, with respect to the insured workers as the owner of each household in the instant apartment complex; from February 27, 2016 to February 27, 2017, with the insurance period of KRW 503,525,125,000, with the insurance amount of KRW 503,525,125,000.

B. On October 4, 2016, around 15:23, 2016, the instant apartment owned by the Defendant caused fire under 206 dong 403 and 403 (hereinafter “instant fire”) and the same household’s section for exclusive use, household appliances, and joint ownership of the same other household was destroyed by the damage.

C. Based on the instant insurance contract, the Plaintiff paid the insurance proceeds of KRW 342,746,70,000, totaling KRW 253,759,633 of the damages of exclusive ownership and household housing units and KRW 88,987,067 of the damages of common use and KRW 342,746,70 of the damages of common use.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 6, 7, 8, and 10, each of the statements (including additional numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s allegation that the instant fire occurred in the center part of the dwelling space of 206 dong 403, the Defendant occupied and owned the instant apartment, and was burned to another neighboring household due to the electrical factors of Lithium iona, electric wires allocated in the ceiling, and 5-Gu expanded Contact.

Since the fire of this case occurred due to negligence in the management of the inside of the household, the defendant is liable to compensate for the damages incurred to the whole part of the neighboring household and the part of the common use under Article 758 of the Civil Act, as the possessor or owner of the apartment of this case 206, 403, which is an apartment of this case, or a structure.

The plaintiff, who paid insurance money to the victims, is stated in the purport of the claim against the defendant who is the perpetrator.

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