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(영문) 서울중앙지방법원 2016.12.15 2015나69708
구상금
Text

1. The judgment of the court of first instance is modified as follows.

(1) Defendant A’s 14,649,418 won and among them) 10,254.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into an insurance contract with B on March 2013, 2013, and the aggregate building in Ansan-si member C (hereinafter “instant building”).

With respect to subparagraphs 103 and 104 of the insurance period from March 7, 2013 to March 7, 2018, the insurance contract is determined as the amount of KRW 60,00,000 for the insured, the insured D, the subject of insurance, and the amount of the insurance coverage, KRW 25,000,000 for the facilities, KRW 10,000 for the house fixtures, KRW 10,000 for the house fixtures, KRW 4,000 for the movable property, and KRW 4,00 for the movable property, as the carbon for the non-dividend Samsung Stock and Property Insurance (hereinafter “instant insurance contract”).

A) On the other hand, the insured D entered into a contract with the owner of the instant building 104 and the lessee of the instant building 103 (the owner). The instant building 103 and 104 referred to as “F” in the name of “F.” (2) As to the instant building 202 G between Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the instant building around September 2014, Defendant A entered into a public-use fire liability insurance contract with the term of coverage from September 23, 2014 to September 22, 2015, setting the maximum amount of personal compensation as KRW 100 million per person, the maximum amount of personal compensation as KRW 100 million per accident.

B. (1) On February 1, 2015, Defendant A brought a fire in the second floor G of the instant building (hereinafter “instant fire”) around 202: (a) around February 1, 2015, while disputing H, which is located in the room No. 202 G3 of the instant building, the tobacco butts were fashioned to H, and the tobacco butts fell off to the shock. Defendant A and H went out without verifying whether the fire was out of the shock. (b) On February 1, 2015, the fire in the second floor No. 202 of the instant building (hereinafter “instant fire”).

C. The Plaintiff paid KRW 14,649,418 in total (i.e., KRW 1,650,926 facilities, KRW 7,963,162, KRW 5,330 in total) by March 26, 2015, which was incurred losses due to the instant fire, such as the computation of damages and the payment of insurance proceeds (i.e., KRW 14,650,926 facilities, KRW 7,963,162, KRW 5,035,30 in total).

[Based on recognition] The number of evidence Nos. 1 through 7 is the number.

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