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(영문) 서울중앙지방법원 2017.01.11 2016가단5121379
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. B concluded a fire insurance contract with the Plaintiff, setting the insurance period from January 27, 2014 to January 27, 2024, with respect to the wooden housing located in Yangyang-gun, Gyeonggi-do (hereinafter “instant housing”; the instant housing is a building built on April 2003); and the household housing district.

B. Around April 24, 2003, the Defendant was a person who installed a chemical stude in the instant house, which was constructed by the Defendant around January 201, 201, and was installed at the time by adding one more new smokes to the eromatic smokes installed at the time (the second troke-type smokes installed at a certain interval in a smoke line).

C. On October 3, 2015, around 23:15, a fire occurred on the roof of the instant housing, and the roof, etc. of the instant housing was dissipated and the household was dissipated.

(hereinafter “instant accident”). D.

With respect to the instant accident, the Plaintiff paid KRW 111,805,843, totaling KRW 21,785,176 on December 18, 2015, and KRW 90,020,667 on February 2, 2016.

[Grounds for recognition] Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 5, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion that the defendant set up a chemical studio in the housing of this case without replacing the existing studio, and puts a new studio into the existing studio. In the process, the plaintiff performed incomplete performance as follows, and the accident of this case occurred due to such error, and the defendant is liable for compensating the damages (in the event of default or tort, and the insurer's subrogation is liable to pay the indemnity to the plaintiff

(1) A support unit shall be installed without installing a support unit that enables the distance between Tongs to be maintained at a specified interval between Tongs or weak materials. (2) A new support unit of a public freezing type, among the two previous facilities, shall be installed in the smoke box without checking the state of heat treatment, etc. of the string and roof joints.

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