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(영문) 서울중앙지방법원 2020.01.06 2018가단5016457
채무부존재확인
Text

1. The Plaintiff’s liability for reimbursement against the Defendant (Counterclaim Defendant) due to a fire stated in the attached list is below.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Plaintiff is the owner and resident of Seongbuk-gu Seoul Metropolitan Government apartment Da head (hereinafter “Plaintiff apartment”).

On August 27, 2013, the Defendant concluded an insurance contract (hereinafter “G insurance contract of this case”) with F, the owner and resident of the above C Apartment E (hereinafter “instant apartment”) with the term of insurance from August 27, 2013 to August 27, 2023, with the content that the Defendant would pay insurance proceeds of KRW 150 million to the building where a fire occurred in the instant apartment, and to the household Building with the content that the insurance proceeds of KRW 20 million to the household Building (hereinafter “instant insurance contract”).

B. On February 23, 2017, in the Plaintiff’s apartment, a fire, such as the attached list, occurred on February 23, 2017, and the inside of the instant apartment and the instant apartment were once on the top of its influorial length, causing a negative damage to

(hereinafter referred to as “instant fire”) C.

On the other hand, the Defendant paid KRW 1,574,084 as insurance money in relation to the instant fire to F on June 22, 2017.

On the other hand, the opinions of relevant agencies on the point of extinguishment and cause of extinguishment of the fire of this case are as follows.

Determination of a fire site investigation report - Audio fire fighting - Audio a fire site investigation report at the entrance of a small bank (ROM3) is presumed to have burned combustible materials, such as wood visits and nearby clothes, and to have been spread around the tent, by taking into account the statements of residents and their neighbors, the initial witness status, the type of combustion, and the situation of combustible materials, etc. at the entrance of a small bank (ROM3) - Audio a fire cause determination: At the entrance of a small bank (ROM3), at the entrance of a small bank (ROM3) where electric, mechanical, gas, or fire prevention was excluded, it may not be ruled out that there is a possibility that straws set up before the visit might be reproduced into the surrounding clothes and visits for a long time, leaving alone, and giving rise to a long time, but there is a limit to the verification of the results of appraisal between the country and water and at the entrance of a small area.

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