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(영문) 서울중앙지방법원 2017.04.26 2016나83312
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 19, 2016, the Plaintiff concluded a non-life insurance contract with C operating a restaurant with the trade name of 57.87 square meters of the 1st floor among the buildings A4 in Seongbuk-gu Seoul, Seongbuk-gu (hereinafter “instant store”), including compensation for damage to buildings, facilities, and fixtures caused by fire, as follows:

“The types of insurance - The location of the Samsung Fire Property Insurance NEW coal - the location of which: Seongbuk-gu Seoul Metropolitan Government - the policyholder and the insured: C- the contract period: from February 19, 2016 to February 19, 2019 - the subject-matter of the insurance / the amount subscribed to the relevant insurance: the subject-matter of the insurance: the building (the structure of the building: concrete / slot roof/ concrete / non-use walls, building water supply: 1st degree, the subscribed area: 50,000,000 won, the fire damage (loss) caused by the fire (loss) of the facility and the aggregate equipment 25,00,000,000 won.”

B. C around May 2013, purchased one air conditioners (the basic model name: UDR-45R; hereinafter “instant air conditioners”) manufactured by the Defendant and installed them within the instant store.

C. On April 1, 2016, at around 23:09, a fire occurred in the instant store (hereinafter “instant accident”), and the fire station, upon receiving a report immediately after the accident, proceeded with the extinguishing work after having arrived at the fire site at around 23:12, and at around 23:18, the fire extinguishment was completed.

At the time of the instant accident, the flame was concentrated on the top and surrounding parts of the cooling device of this case, and the flame was not spreading as inflammable substances around the cooling device.

Due to the instant accident, the parts of the ceiling and surrounding walls of the air conditioners, air conditioners, etc. at the top of the air conditioners and air conditioners were destroyed by salt and drinking, etc., and due to the inflow of smoke, the facilities and air condition in the instant store were damaged.

E. On July 7, 2016, the Plaintiff paid C insurance money of KRW 16,077,992 (damage 7,475,145 won, such as facility and fixtures, etc. due to the damage of the building) to C.

[Ground of recognition] Unsatisfy, A(1) through (3)

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