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(영문) 서울중앙지방법원 2016.10.05 2016나31526
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff entered into a fire insurance contract with the Sungnam-si Seoul Metropolitan City with all of the facilities and equipment of the party hall located in the second floor of the building of the party hall in Sungnam-si (hereinafter “instant building”) as an insurance object.

B. Defendant A operated a restaurant on the 3rd floor of the instant building in 307, and Defendant K non-life insurance Co., Ltd. (hereinafter “K non-life insurance”) is an insurer who concluded a liability insurance policy with Defendant A.

C. On December 16, 2014, around 22:17, a fire (hereinafter “instant fire”) occurred in the vicinity of the air conditioners outside the air conditioners operated by the Defendant (D), and during the process of extinguishing the fire, an accident was caused by an accident in which the equipment, such as a billiard room, a house, etc., flown down into the entrance of the lower floor operated by B (hereinafter “instant accident”).

On June 24, 2015, the Plaintiff paid KRW 13,131,497 of the insurance proceeds from the instant accident to B.

In the main balcony outside of the Dome Dome, the air condition room is 10 air conditioners, and the air condition is found. However, as a result of the observation of the heat gauge of the steel scrap outside the air conditioner room, it is difficult to see the spreading direction of burning, it is possible to exclude the possibility of combustion caused by electrical cause, because the combustion by the human corrosion factors can be ruled out because the spreading direction of combustion can not be seen as a chemical part. On the date of fire occurrence, the weather conditions form a certain time heat reduction condition, and the process takes place at the stage of sprinking flame infection. On the date of fire occurrence, the string water of rubber, the string up to the bottom of the rubber pipe, the string inside the rubber box remains approximately approximately 15 through 20c meters, the string is in excess of the upper part of the stringer, and there is a large number of the strings around the stringer.

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