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(영문) 서울중앙지방법원 2017.10.17 2015가단5352503
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 73,892,716 and KRW 67,002,716 among them, from November 4, 2015 to 6,890.

Reasons

1. Facts of recognition;

A. The Plaintiff, as an insurer on June 6, 2015, was a stock company F (hereinafter “Nonindicted Company”) and the insurance period from June 16, 2015 to June 16, 2015.

7. As of 16:00 as of 20. 16:00, the non-party company concluded a general fire insurance contract with regard to the building and the house and equipment of the Goyang-dong G building H (hereinafter “instant store”) in Yongsan-gu, Yongsan-gu, Busan (hereinafter “the instant store”) where the non-party company was seeking to operate the beauty room, with the purchase amount of KRW 300 million (20 million in the building, KRW 50 million in the house, KRW 50 million in the house, and KRW 50 million in the facility) and with respect to the damages caused by fire, and (2) with regard to the pertinent store, the non-party company entered into a compensation insurance contract with the limit of KRW 100 million per accident.

B. In order to establish a beauty room, the non-party company: (a) requested Defendant C, who operates the interior company with the trade name of “I”, to perform the interior work of the instant store; (b) accordingly, Defendant C employed Defendant E on a daily basis and caused Defendant E to do so from June 7, 2015.

6. By the time of May, 15, the construction was carried out in the above store.

C. However, Defendant E, as a manager of fire, has a duty of care to confirm the risk of fire in advance and to prevent the occurrence of fire, but prior to the execution of construction.

On June 9, 2015, Defendant E violated the above duty of care due to negligence in confirmation, and around 16:20 on June 9, 2015, a fire was caused to “K, which is a steel store operated by J in the first floor of the above G building, due to the gap of the floor side of the second floor, while Defendant E constructed a melting within the shop of this case, and the fire was caused (hereinafter “instant fire”). D.

In the process of the instant fire and its fire extinguishment, the stores and objects in the said K were destroyed and the electricity in the “M” store, which is a restaurant for the operation of L, located adjacent to the said store, is interrupted.

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