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(영문) 서울중앙지방법원 2017.05.30 2015가단5377847
구상금
Text

1. The Defendant’s KRW 17,809,495 as well as the Plaintiff’s annual rate of 5% from January 29, 2013 to May 30, 2017.

Reasons

1. Basic facts

A. On September 26, 2012, the Defendant leased the Jongno-gu Seoul District Building B and operated the restaurant in the name of “Ccafeteria”, and D is the head of the said restaurant.

B. E is an insurance company that has concluded an insurance contract as follows (hereinafter “instant insurance contract”) with E in the trade name of “G” in Jongno-gu Seoul Metropolitan Government Ground Building (hereinafter “instant building”); and the Plaintiff is an insurance company that has concluded an insurance contract as follows (hereinafter “instant insurance contract”).

(1) Types of insurance: Undividend Samsung Fire Property Insurance (2) Insurance period: From November 18, 2009 to January 18, 2014.

C. On October 31, 2012, around 06:43, at Ccafeterias, a fire occurred in the tent and exhaust pipe, which occurred in the tent and exhaust pipe, and the burning of Ccafeterias and neighboring stores (hereinafter “instant fire”). D.

E is damaged or contaminated by heat and fire fighting water due to the fire of this case, and machinery, office fixtures, and movable property are flooded by fire fighting water in the process of fire fighting, and the table below 56,751,507 is indicated as follows as '56,65,441 won, but it appears as '56,65,441 won', but it appears as 'calculated error'.

) The Plaintiff sustained considerable damages, and on January 28, 2013, paid KRW 40,510,098 out of the said damages to E with insurance proceeds. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 11, Eul evidence 1-1 and Eul evidence 1-2, and the purport of the whole pleadings.

2. Obligation to pay indemnity money:

(a) Defect in the establishment and preservation of a structure as referred to in Article 758(1) of the Civil Act, in which liability for damages arises, means that a structure fails to meet safety requirements ordinarily for its intended purpose, and in determining whether such a structure meets safety requirements, the installer and the custodian of the structure in question in proportion to the danger of such structure.

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