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(영문) 서울중앙지방법원 2018.06.21 2018나5378
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. Basic facts

A. The Plaintiff entered into an insurance contract between B and B, with respect to a restaurant operated in the name of “F” in the territory of “F” in the territory of “F” in the Gun of the Republic of Korea (hereinafter “instant restaurant”), the contractor and the insured, from April 6, 2012 to April 6, 2022, with respect to the insurance subject matter and the amount of insurance coverage, from April 6, 2012 to April 6, 202, the insurance subject matter and the amount of insurance coverage was KRW 20 million, facility 20 million, and the maximum amount of insurance coverage pursuant to the special terms and conditions for liability for fire-fighting.

The defendant is a person who manufactures business to protruding, temperature control devices, etc. with the trade name of "G".

B. around February 2012, C and D purchased protruding machines produced by the Defendant and used them in the instant restaurant, and newly purchased and replaced the temperature control system, which is a component of the said protruding machines, one of the business Dos.

C. On August 19, 2014, D around 13:32, 2014, around 13:32, 2014, D turned on three locations of electric power source in the instant restaurant, and thereafter, the occurrence of an accident that was destroyed by a frying, sprinking, and kitchen container, etc. (hereinafter “instant fire”).

2) The instant restaurant operator suffered damages equivalent to KRW 14,224,716 due to the instant fire, and H residing on the upper floor of the instant restaurant incurred damages equivalent to KRW 546,581 due to the pictures of the instant restaurant and the household appurtenances.

1) The National Scientific Investigation Institute of Korea held that it is likely that the temperature control function of the temperature control system installed in the kitchen would be lost and that it could be protruding due to excessive heat, taking into account the customs of the temperature control system of the relevant agencies and the damaged condition of the heating department and the adjacent parts of the police, on-site photographs provided by the police, etc. 2. 2) The National Scientific Investigation Institute of Korea held that it is likely to be protruding. 2) The National Police Station of the Republic of Korea held the victim by taking into account the opinions of the Korea National Scientific Investigation Agency of Science, including the appraisal opinion, the victim's statements, etc.

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