logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.08 2016가단5110706
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On September 17, 2010, the Plaintiff concluded a fire insurance contract with B (insured) as follows.

(hereinafter referred to as “instant 1, 200,000 won”) - Type 1 insurance contract - Type 1 insurance contract - Type 1 insurance contract for non-dividend Samsung Fire Property Insurance - Location: Damage, such as fire and collapse, etc. - Loss of insurance coverage amount from September 17, 2010 to September 17, 2020 (10 years): insurance object - movable property - Type 2 insurance contract for non-dividend Samsung Fire and Family - Location of Gyeonggi-do: The insurance period from September 17, 2010 to September 17, 2020

B. On September 18, 2015, among the Dos in which the Defendant leased and operated a building D located in E, the fire occurred in the vicinity of the lower right wall of the store, located on September 14:11, 2015.

(hereinafter “instant fire”). C.

Due to the fire of this case, the movable property and household effects of the insured in the building C in E-S. were burned.

As a result of the assessment of solar damage, movable property damage was assessed as KRW 9,432,650, and KRW 24,981,164 in total, KRW 34,413,814 in total.

On October 23, 2015, the Plaintiff paid the insured Party B KRW 9,432,650 of insurance money under the instant insurance contract, and KRW 20,000,000 of insurance money under the instant insurance contract, on November 18, 2015.

E. On December 1, 2015, the Defendant paid KRW 20,000,00 to the victim B as damages.

[Evidence] Facts without dispute, Gap 1 through 15, Eul 1 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Defendant is the occupant of the E store where the instant fire occurred, and is recognized as defects or causes attributable to the installation or preservation of structures, such as failing to install fire extinguishing equipments, etc., and thus, is liable to compensate the victim for damages pursuant to Article 758 of the Civil Act or Article 750 of the Civil Act.

2. The plaintiff

arrow