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(영문) 서울중앙지방법원 2020.11.03 2020가단5087148
구상금
Text

1. The defendant's KRW 48,09,484 as well as 5% per annum from March 3, 2020 to November 3, 2020 to the plaintiff.

Reasons

1. Basic facts

A. On June 22, 2018, the Plaintiff concluded an E insurance contract (hereinafter “instant insurance contract”) with regard to the insurance coverage period from June 22, 2018 to June 22, 2021, with respect to C and Asan-si D ground factories (hereinafter “instant factories”) and ancillary facilities, and movable property, with regard to the insurance coverage amounting to KRW 74,00,000,000 per building; KRW 53,000,000 per movable property; and KRW 20,000,000 per movable property (hereinafter “instant insurance contract”).

B. On November 28, 2019, around 11:10 on November 28, 2019, a fire occurred in the instant plant and movable property loss (hereinafter “instant fire accident”).

C. The total amount of damages caused by the instant fire is KRW 116,65,559; C’s side was paid KRW 106,432,264, including KRW 48,758,986, March 2, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Occurrence of liability for damages;

A. The following facts are acknowledged in full view of the evidence presented prior to the fact of recognition and the purport of the entire pleadings in Gap evidence No. 7.

Fire site survey report

Ⅱ Summary of fire investigation;

7. Inspection at an open space of shot, an employee made a statement that the Defendant confirmed plastic with a base fire attached to plastics for the purpose of confirming the kinds of plastics before the work, and found that the Defendant, while being aware of the fact that it was listed on the shot machine, had witnessed the flame and smoke in plastics and evacuated out of the outside. It is presumed that the fire at the front and rear end of the factory is presumed to be a fire caused by the corrosion because it was confirmed that the fire at the lower end of the factory is severe and presumed to be the place of combustion.

V. Matters to be examined on the fire site.

2. Grounds for determining the cause of outbreak;

(a) Fire possibility, electrical, mechanical, gas leakage, natural factors: Exclusion; and

B. Personal care, etc. (Presumption): Plastic plastics out of plastics was in a situation of being mixed under the Defendant for daily workers, and in order to verify the plastic type before plastic crushing.

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