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(영문) 부산지방법원 2015.03.20 2014가단209629
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. The Defendant operated a household factory (hereinafter “instant factory”) with the trade name “D,” which is “D,” which is leased from C, the owner of the instant building, and E operated a vehicle parts factory with the trade name “G” from the Busan-Gun F Building adjacent to the said factory.

B. On August 9, 2013, a fire (hereinafter “instant fire”) occurred in the vicinity of the instant factory, and the building, machinery, equipment, etc. of the said “G” factory as well as the said factory building was destroyed.

C. The Plaintiff, as an insurer who entered into an insurance contract that covers damage to the building, machinery, etc. of the above “G” factory with E, paid KRW 9,881,728 for the insurance proceeds from the instant fire.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence No. 9-1 through 4, Evidence No. 10, and Evidence No. 11-2, each of the statements No. 1 and 2, Witness C's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The fire of this case is located inside or outside the factory of this case where the fire of this case is occupied by the defendant. The fire of this case is likely to cause defects in the installation and preservation of electric wires and other electric equipment of this case, and therefore, the defendant is liable to compensate for damages caused by the fire of this case as the owner of the factory of this case, and the plaintiff who paid insurance money for the fire of this case can claim compensation for damages on behalf of the defendant on behalf of the defendant, in light of the fact that the fire of this case exists easily by the characteristics of the household factory, such as lumber or fire saw, etc., other artificial factors such as fire fighting by the third party, and other artificial factors such as fire fighting by the third party are not discovered.

B. Determination 1: (a) the first fact that the fire of this case was destroyed near the factory of this case, as seen above, but further, the fire of this case.

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