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(영문) 서울중앙지방법원 2019.05.31 2018가단5196483
구상금
Text

1. The Defendant’s KRW 88,98,405 as well as the Plaintiff’s annual rate of KRW 5% from August 2, 2017 to May 31, 2019.

Reasons

Facts of recognition

The Plaintiff is an insurer that entered into a fire insurance contract with C on December 30, 2016 (hereinafter “Plaintiff insurance contract”).

Insurance types: Fire insurance policy holders: C insurance subject matter: insurance period of land, E-dong, F-dong building (hereinafter “instant building E-dong”): From December 30, 2016 to December 30, 2017; fire insurance coverage amount - fire damage - KRW 400 million fire damage of the instant building E-dong - KRW 500 million fire liability of KRW 400,000,000,000,000 to July 11, 2016; and accordingly, G used the building F-dong of the instant building of this case as a household manufacturing factory.

Meanwhile, the Defendant concluded a fire insurance contract with G on August 16, 2016 (hereinafter “Defendant insurance contract”). According to the insurance terms and conditions included in the contract, the Defendant is obliged to compensate for the damages incurred by G due to the occurrence of damage to another’s property due to the fire of the F consent of the instant building, thereby bearing legal liability.

On March 9, 2017, a fire (hereinafter “the instant fire”) occurred inside the Fdong of the instant building, and moved to E-Dong of the instant building adjacent thereto, the Fdong of the instant building was partly destroyed.

The point of birth: The basis is to be determined as an intermediate point inside the Fdong of the instant building - The first reporter, etc. of the instant fire was present at the said point for the first time, the contents of the statement that he observed the flame and smoke, the steel structure of the outer wall collapses by obtaining a strong heat from the above point, the steel structure of the outer wall was displayed in the inside direction, and the shotton that was burned from the above point to the front and rear sides is observed, and the shots of the electric wires installed on the wall of the wall of the above point are observed.

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