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(영문) 대전지방법원 2018.06.07 2017가단204756
구상금
Text

1. Defendant B and Defendant C jointly share KRW 522,726,794 with respect to the Plaintiff and Defendant B from April 14, 2017, respectively.

Reasons

1. Basic facts

A. On February 14, 2012, the Plaintiff is an insurer who entered into an insurance contract with the amount of KRW 500 million insurance coverage, the insurance coverage amount of KRW 60 million for the interior facilities, and the insurance period from February 14, 2012 to February 14, 202. The Defendant A is the owner of a general steel structure and other second class neighborhood living facilities (hereinafter “instant building”) of the second class neighborhood living facilities (hereinafter “instant building”).

B. Defendant A requested the removal of the instant building to Defendant C (I). Accordingly, Defendant C removed the instant building, and the occurrence of a fire as follows.

C. At around 10:00 on January 23, 2017, Defendant B, while performing the removal work of the sand site panel consisting of the interior walls of the factory in the instant building, had the panel conduct the cutting work of pipes and sand site panels with the mountain folder in order to remove the pipes not opened. At the time, by negligence, the folding fire was caused within and outside the sand site, which was attached to the sand site panel’s inner shots (hereinafter “the instant fire”).

The instant building was removed from the instant fire, and the amount equivalent to KRW 651,821,335 of the goods within the F Company owned D was destroyed.

E. The Plaintiff paid D insurance proceeds of KRW 10 million on February 17, 2017, KRW 100 million on February 28, 2017, KRW 344,551,794 on April 13, 2017, and returned KRW 21,825,000 on the disclosure and sale of movables worth remaining value.

F. Meanwhile, Defendant B and Defendant C were indicted for the crime of occupational negligence in relation to the instant fire (Cheongju District Court 2017 Goju District Court 2017 Godan529), and they were convicted of two years of suspended execution in August of each credit cooperative, and the said judgment is without merit.

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