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(영문) 서울중앙지방법원 2017.04.06 2016가단5054790
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is an insurer who has concluded a comprehensive property insurance contract with respect to D’s household appliances, facilities, inventory assets, and household fixtures in the above leased building and restaurant, which operate a restaurant with the trade name of “C” (hereinafter “damage restaurant”) among the buildings in Yongsan-gu Seoul Special Metropolitan City B building (hereinafter “instant building”), and with respect to household appliances, facilities, inventory assets, and household fixtures in the above leased building and restaurant, from February 3, 2014 to February 3, 2019.

(2) On May 14, 2014, Defendant A is a person who operates a ice restaurant (hereinafter “E restaurant”) under the trade name of “E” by leasing the second floor 205 and the third floor 305 of the instant building.

(3) Defendant interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer which concluded a fire insurance contract with Defendant A.

B. (1) On December 13, 2014, around 22:31, 2014, a fire (hereinafter “the fire in this case”) occurred in a business establishment and a material storage located on the second Bend of the E restaurant operated by Defendant A (hereinafter “E restaurant”) and caused the loss of household appliances, facilities, inventory assets, and household fixtures in the damaged restaurant or flooded damage caused by fire water.

(2) The second floor floor plan of the instant building is as follows.

C. The results of the investigation conducted by the police station, fire station, and Korea Electrical Safety Corporation which investigated the fire outbreak or cause of the instant fire are as follows:

OE is deemed to have been first launched on the top of the ceiling room for the second floor warehouse. It is highly probable that it was emitted on the roof of the warehouse 2 (limited to materials storage in the above floor plan; hereinafter the same shall apply) with information about 1,000 storage (limited to the rest room of the above floor plan; hereinafter the same shall apply). However, it is difficult to determine the specific location and distance of the installation location of the points (other than the first floor of the warehouse, electric wires, and wires increased to the warehouse 2) with which it appears to be salvable. The oral contents of the O store staff and the warehouse are outside.

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