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(영문) 서울중앙지방법원 2015.05.15 2014가단5099218
구상금
Text

1. As to Defendant’s gift beverage company, KRW 14,004,776 and its amount from February 27, 2013 to May 15, 2015 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Fact 1) The Plaintiff is an insurance company that entered into a fire insurance contract with the Hansung school. The Plaintiff is the Defendant C&P Co., Ltd. (hereinafter “Defendant Company”).

(2) On December 12, 2012, 207: (a) around 07:30 on December 12, 2012, Jung-gu, Seoul, Jung-gu, 201, supplied water to Hansung school, and leased air conditioners free of charge, and managed air conditioners through Defendant A, an employee. (b) On December 12, 2012, a fire was occurred in the vicinity of the cold conditioners in the fourth year of the Hansung school located in the Hansung school located in 83-8.

(hereinafter referred to as the "fire in this case"). As a result of the appraisal by the National Scientific Investigation Institute, it was identified from the line around the cold and hot water tank installed in the above classroom that could have been caused by combustion.

The fire of this case, garrising materials, remote areas, flooring materials, etc. inside the classroom were destroyed or damaged, and dump-type air conditioners, etc. were damaged.

3) On February 26, 2013, the Plaintiff paid KRW 20,006,824 insurance money for the said damage to the Hansung school following the assessment of the damage caused by the instant fire. [In the absence of any dispute over the grounds for recognition, the purport of the entire entries and arguments in the Evidence Nos. 1-8, and Evidence Nos. 4 and 5

B. 1) In a case where a fire is directly caused by a defect in a structure itself, the possessor or the owner of the structure is liable to compensate for the damages inflicted on another person by the fire (see Supreme Court Decision 96Da30113, Oct. 25, 1996). Meanwhile, the structure under Article 758(1) of the Civil Act is not limited to the structure of land as an object manufactured by artificial work. Moreover, “a defect in a structure” means that the structure itself does not have the stability that must be ordinarily equipped with the structure. 2) Examining the above facts in light of the aforementioned legal principles, the instant fire is the owner or the owner of a cold and hot waterr, which is the defect in the cold and hot waterr.

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