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(영문) 서울중앙지방법원 2020.10.13 2018가단5060065
구상금
Text

1. The Plaintiff:

A. The primary defendant B is 143,579,785 won and 41,962,854 won among them, from September 28, 2017, and 101.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a G factory located in E and the Namyang-si, Namyang-si (hereinafter “Plaintiff building”).

(2) Defendant B is an insurer who entered into a fire insurance contract with respect to the Plaintiff’s building 180,000,000, KRW 100,000, KRW 100,000, KRW 100,00, KRW 200,000, KRW 200,000, and KRW 400,000, in total, and KRW 200,000.

The defendant's building consists of two factories (hereinafter referred to as "first factory", "second factory") and three warehouses, such as drawings and specifications, and the plaintiff's building is located in the first factory.

3) The Defendant Company is an insurer who entered into a fire liability insurance contract with Defendant B and the Defendant building with a collateral value of KRW 100,000,000. The Defendant D is the owner of the Defendant building, who leased the Defendant building to Defendant B at the time of the occurrence of the instant fire.

B. (1) On August 28, 2017, the instant fire occurred in the Defendant’s building, around 02:29, and as a result, the fire occurred in the Defendant’s building, the interior of the building, and the Plaintiff’s building, the interior of the building, and its adjacent thereto, and K Co., Ltd. operated by J (hereinafter “K”).

) A factory fire-fighting damage occurred (hereinafter “instant fire”).

2) 2) In light of the fact that the results of the fire site identification in the Gyeonggi Northern Police Agency, the first place of origin is presumed to be between the first and second factories, but it is difficult to determine whether the electric wires were directly generated by the direct outbreak of electric wires due to the high quantity of the unit accumulated at the site and the difficulty in the re-building of electric wires through the verification of electric power system, considering the fact that (i) the statements of witnesses at the beginning of the fire site and the first and second electric wires located between the factory and the Defendant building; (ii) the first place of origin is presumed to be between the first and second factories.

3 The report on the closure of internal investigation by the Namyang Police Station shall be from the second factory of the defendant building.

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