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(영문) 서울중앙지방법원 2019.05.23 2017가단5196301
구상금
Text

1. The Defendant’s KRW 22,797,971 as well as the Plaintiff’s annual rate from September 29, 2017 to May 23, 2019, and the following.

Reasons

1. In fact, on December 19, 2013, the Plaintiff concluded a G insurance contract with Nonparty F (hereinafter “E”) who operates a water distribution with the trade name “E” on a leased 1st floor store of the DD neighborhood living facilities in Jung-gu Seoul Metropolitan Government (hereinafter “E”) to compensate for water distribution due to fire, internal collection, and facilities damage.

② On May 24, 2017, at around 05:27, a fire occurred inside a timber station located in the Defendant of Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant timber station”) located adjacent to the Non-Party’s store, and the three residents of the three residents of the J building located in the front and adjacent to the instant timber station died due to corrosion, etc., and the Non-Party’s store destroyed damage, such as the facilities, equipment, damage to goods, etc.

③ As to the fire cause of this case, the fire site investigation report (A 2) in the competent fire station (hereinafter “the fire site investigation report”) is as follows: “Although the scams discovered in the wooden line installed on the left-hand wall of the instant timber station and the wire discovered in the charging machine connected to the lower-hand wall of the instant timber station can act as the cause of combustion, but the cause of fire cannot be known because it is substantially destroyed, it is hard to find out.” The result of the fire site investigation in the Seoul Central Police Station (A 3) of Seoul Central District Police Station (CJ) is as follows: “The CCTV image inside the combustion site of the instant timber station has a strong shape of burning the left-hand wall due to the scams in the instant timber station; it is likely that the left-hand wall might have been burned from the charging machine and mixing on the left-hand wall; however, it is difficult to limit the cause of fire inspection due to the impossibility of distinguishing the scamsing, it is difficult to say that the cause of fire is the cause of fire.”

④ On September 28, 2017, the Plaintiff paid 38,228,803 won (i.e., KRW 244,800 during the house period + KRW 11,763,263 of the facility + KRW 19,913,740 of the product + KRW 2,307,000 of the store’s loss for business suspension + KRW 4,000 of the facility repair cost + KRW 4,000 of the facility repair cost) to the Nonparty. Of these, the Plaintiff paid damages therefrom.

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