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(영문) 서울중앙지방법원 2020.05.15 2019나42053
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) delegated the management of the Gu D Building during Ansan-si, and concluded a fire insurance contract between the Plaintiff, an insurance company, and the Plaintiff, on May 4, 2018, with the insurance period as C, and with the insurance period as one year, with the effect that the Plaintiff would compensate for the damage caused by a fire in the D Building.

B. On June 28, 2018, around 07:52, a fire (hereinafter “instant fire”) occurred in the “E” located on the 5th floor of the D Building (hereinafter “E”) and the interior finishing materials inside the billiard were damaged.

C. The fire field investigation report (Evidence No. 14) conducted by the Gyeyang Fire Station in Gyeonggi-do and the Gyeonggi Southern Fire Agency’s Fire Prevention Report (Evidence No. 13) prepared by the police station during the inside of the Gyeonggi-do Police Agency and the Gyeonggi Southern Fire Prevention Station (Evidence No. 13), respectively, state the purport that “the launching point is presumed to be a fire by an electrical factor (e.g., a fire by an electrical factor) that occurred from the electric wires located at the front of the instant party, and that “the combustion point is presumed to be a fire by an electrical factor (e.g., a fire by an rupture) that occurred from the electric wires installed at the front of the instant party.”

In the statement of legal safety appraisal (Evidence No. 10) prepared by the National Institute of Scientific and Investigative Research, ‘A' is distinctive from the parts adjacent to the temperature control unit of the electric source code of this case to the part corresponding to the temperature control unit of the electric source code of this case. Since the electrical heat and flames in the process of forming the scambling movements can act as the cause of combustion, the possibility of electrical combustion in the electric source code cannot be ruled out, however, there is no possibility that the elements likely to damage the combustion of the temperature control unit of this case can be confirmed on the parts adjacent to the facilities adjacent to the lower part of the electric source of this case, which can also be formed in the process of burning the smokeing clothes into the expanded flame.

In addition, the flag of the machinery related to the temperature control of the party platform of this case is identified in the upper part of the flag.

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