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(영문) 부산지방법원 2017.09.15 2016나51993
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The plaintiff is a company running the insurance business, and the defendant is an organization that manages the fourth floor of the Busan Shipping Daegu Building (hereinafter "the building of this case").

B. On September 10, 2010, the Plaintiff entered into a fire insurance contract on the instant building (hereinafter “instant insurance contract”) with the Postal Integrated Construction Co., Ltd. (hereinafter “Postal Construction”). As to the instant building’s underground floors, the first floor, the second floor, the third floor, the fourth floor and the fourth floor of the instant building and the two distributed accommodation facilities in the underground floors, the Plaintiff entered into a fire insurance contract with the insured from September 10, 201 to September 10, 201, setting the insurance period as KRW 5.725 billion (hereinafter “instant insurance contract”).

C. (1) B from January 10, 2009, around August 12, 2010, the Defendant’s flag division from around January 10, 2009 worked as an electrical safety supervisor and a fire safety manager. Since December 7, 2009, C was in charge of supervising B’s performance of duties while serving as the Defendant’s living safety manager. (2) On December 7, 2010, C was reported from D, the Defendant’s street cleaners, to the fourth floor of the building of this case, that the leakage blocking period was operated by over 2 to 3 times while it was used by linking the wind engine with the Defendant’s four story of the building of this case, and was demanded by E to extend the length of the contact to connect the wind system from the street cleaners, but did not take any measures such as identifying the cause of the operation of the leakage blocking due to the excess.

3 Rather, B and C have produced contact arbitrarily using discarded contact points and waste cables and used it to street cleaners, and street cleaners use multi-use contact points again to multi-use contact points, and use multi-use license again to multi-use contact points, and confirm that they are left alone on the floor without attaching the above contact points on the wall, etc.

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