logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.20 2017나50807
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 3,122,350 and KRW 20,00,00 among them.

Reasons

1. Basic facts

A. On February 10, 2014, the Plaintiff, an insurance company which entered into a fire insurance contract, entered into a fire insurance contract with A, with respect to the beauty art room (hereinafter “C”) operated by A’s mother B at D stores located in Chuncheon City (hereinafter “instant beauty art room”), with the insurance period from February 10, 2014 to February 10, 2024, with the insurance object and the purchase price of the building KRW 60,000,000,000 for buildings, facilities and fixtures, KRW 40,000,000 for movable property, KRW 3 million for movable property, and KRW 100,000 per day for the shutdown of the store in time of fire (the name of the insurance product is a non-dividend Samsung Fire Property Insurance Co., Ltd.; hereinafter “instant insurance contract”).

B. (1) On April 14, 2015, employees E working at the beauty art room of this case: (a) discovered the occurrence of a fire in the beauty art room of this case (hereinafter “instant fire”); (b) reported at around 18:59; and (c) on the same day, fire fighters called the instant fire site and started extinguishing the fire at around 19:15 on the same day.

(2) At around 19:08 on the same day, the employee E reported the occurrence of a fire with the content that “the occurrence of a fire with unknown causes in the cold and hot wave (hereinafter “the instant cold and hot wave”) occurred, such as the first floor beauty room (18 square meters) of the 4th floor building, and the rooftop F signboard, etc., and the exterior walls of the building were damaged.”

(3) On the same day, B, the beauty room operator of the instant case, listened to the above accident from E, and reported the occurrence of the insurance accident to the Plaintiff on the following day: (a) around 20:12, the Plaintiff reported to the effect that “the Plaintiff was suffering from a fire due to a sudden smoke from the air conditioning machine in the beauty room.”

C. The Plaintiff’s occurrence of damages and the payment of insurance proceeds to the Plaintiff, and the amount of damages to B caused by the said fire from the EAW Damage Evaluation Co., Ltd. is KRW 11,059,056, facilities6,567,123, and household fixtures 24,929.

arrow