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(영문) 서울중앙지방법원 2019.02.14 2018가단5165052
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From September 22, 2015 to September 22, 2018, the Plaintiff entered into a H insurance contract (hereinafter “instant insurance contract”); the insurer, Defendant C Cooperatives (hereinafter “Defendant Cooperatives”); and the insurer who entered into the Defendant C Cooperatives (hereinafter “Defendant Cooperatives”) with the insurance coverage coverage amounting to KRW 330,00,000 (80,000 for movable property); and the insurer who entered into the instant insurance contract with the insurance coverage amounting to KRW 330,00,00 (80,000 for movable property); and the insurer who entered into the instant insurance contract with the Defendant Association and the Defendant D Co., Ltd. (hereinafter “Defendant Association”) with the mutual retail business among the above and the first underground floors (hereinafter “instant building; hereinafter “the instant building”); from the first and second floors to the Jmatet; hereinafter “Defendant D”) with the insurance coverage amounting to the insurance coverage from the instant building.

B. On December 30, 2017, around 23:24, a fire (hereinafter “instant fire”) occurred on the first floor of the instant building (hereinafter “instant building”) and the first and second floors of the instant building, which were located near the instant building, and the instant G store store and the sales bedclothes in the storage, which were located in the vicinity, suffered a loss by burning them.

C. The Plaintiff paid KRW 41,983,565 as insurance money to E by April 9, 2018 under the instant insurance contract.

The summary of the results of the investigation conducted by the competent fire station and the police station which investigated the fire outbreak branch and the cause of the fire in this case is as follows.

(1) Anthrasan fire fighting book and a burning expansion route - it is determined that the burning of food materials and industrial products, such as fire extinguishing, second floor and front, is expanded from the front side of the building, and it is judged to be the front side of the K Security Enterprise's heat reception status, but it is judged to be the front side, but the examination of the cause of fire that is caused by the damage that is caused by the mobilization of equipment inside and outside the area due to a fire extinguishing process - Electric factors: the related person did not have any peculiar points at the time of confirmation of inside and outside the area after the completion of the business; the small condition of the power distribution box observed at the site, and the security maintenance status of K Security Enterprise.

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