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(영문) 서울중앙지방법원 2017.05.11 2015가단5366106
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 2, 2012, between January 2, 2012 and B, the Plaintiff entered into an insurance contract with the insurance coverage period from January 2, 2012 to January 2, 2017. The Plaintiff is an insurer who entered into an insurance contract with the insurance coverage amounting to 109.44 square meters (with heading 101, 102, and 103; hereinafter “instant building”).

B. On April 3, 2012, the Defendant entered into a lease agreement with B on a deposit of KRW 2 million and KRW 400,000 per month (hereinafter “instant lease agreement”) with regard to 101 among the instant buildings (hereinafter “the instant room”), and leased a lease agreement with B to use Drenter drivers as a lodging place.

C. On May 2, 2013, at around 14:21, a fire (hereinafter “the instant fire”) occurred within the instant room, and the roof board, electrical equipment, internal and external board, and external board was damaged by the fire, and the interior finishing materials of 102 and 103 were damaged by flood or polluted by the fire.

The results of the investigation conducted by the competent police station and the fire station which investigated the fire outbreak branch or cause of the instant fire are as follows.

In addition, fire has been caused in a state where the entrance door of the Drenccar resting room was opened.-The level of fire has been serious.-The level of fire has been installed on the right upper right upper part of the entrance door, and the 'V' type of fire is formed on the wall.-The fire is presumed to have occurred in the vicinity of the powder because the level of fire is serious and the trace of burning is discovered.-The fire is presumed to have occurred in the vicinity of the powder.-The fire is presumed to have been three rest in the article and resting room of the tourist bus on the front side of the building, the possibility of outside people's access is rare, and the Drenc resting room in the building was low, and there was no fire-prevention factor such as other goods related to fire or sudden burning.

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