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(영문) 서울중앙지방법원 2020.05.14 2019나55745
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On January 6, 2015, C operated an advertising company under the trade name of “G” by leasing part of the first floor of the D-ground building at Sejong-si. The Defendant leased part of the first floor of the E-ground building adjacent to the above building and operated the wholesale company (hereinafter “Defendant shop”) with the trade name of “F”.

(2) On July 18, 2017, the Plaintiff concluded a fire insurance contract between C and C with the insurance coverage period from July 18, 2017 to July 18, 2022.

B. On February 22, 2019, at the Defendant shop, a fire (hereinafter “instant fire”) occurred and was burned out to C’s workplace, a neighboring building, and accordingly, the interior finishing materials, facilities, and equipment of C’s workplace was damaged.

C. (1) As a result of the instant fire site investigation, the first point of extinguishment of the instant fire was presumed to be “the north side of the Defendant shop,” and the cause of the fire was determined to be “the U.S. fire that could not specify the cause as “the U.S. fire that could not be specified on the ground that it was determined as the result of the appraisal by the National Scientific Investigation Institute and the National Institute of Fire and Scientific Research and Research on Electric Modles of the heating winding apparatus and the surrounding tent, which are doubtful of electrical operation according to the relevant party’s statement, and that there was no specific element as a result of the appraisal by the Fire and Scientific Research Center.”

(2) The results of the review of the legal assessment by the National Scientific Investigative Institute are as follows.

1. A prosecutor;

(a) No evidence No. 1 is the burning of the string air-conditioning or heating apparatus (hereinafter referred to as “heating or heating apparatus”) presented in the state of not packing. The air-conditioning or heating apparatus is in a state where the front upper part of the air-conditioning or heating apparatus is relatively profoundly burned, and the outer part of the upper part and components are burned and melted at the lower part.

When a heating and cooling apparatus decomposition inspection is conducted, remaining power supply agents, control panel, Moter and others inside the facility.

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