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(영문) 서울중앙지방법원 2020.10.16 2017나29247
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an “E insurance contract” with Nonparty D to compensate for fire damage, and D is a person who operates a “H” in the Yeonsu-gu Incheon Metropolitan Government 1st floor commercial building (hereinafter “instant commercial building”).

B. The Defendant is a person operating K frequency collection in the instant shopping mall I and J (hereinafter “instant frequency collection”). The Defendant’s Intervenor is an insurer who concluded a “L” insurance contract with the Defendant that guarantees the Defendant’s fire liability, etc.

C. On March 28, 2015, at around 06:20, a fire (hereinafter “instant fire”) occurred in the instant commercial building, and the fire was destroyed by a part of each shop operated by D and the Defendant.

(B) The reasons for the fire fighting and fire fighting are disputed between the parties, so I will look at it later.

On August 4, 2015, the Plaintiff paid KRW 15,832,910 to D, an insurer, who is the policyholder, for the instant fire damage.

E. Meanwhile, the investigation results on the causes of the instant fire are as follows.

2. Review:

A. (1) The burning of the first floor of the commercial building of this case, which is a fire site, is the shape of burning mainly focusing on the upper upper part of the water tank located outside the front part of the collection of this case, and (2) The CCTV recording images presented as investigation data, are distinguishable from the initial flame and flames in the upper part of the water tank right upper part of the front of the collection of this case, and the upper part of the water tank right upper part of the front part of the collection of this case can be limited to the initial launching point.

B. (1) In light of the fact that the flame has been identified several times in the same part before the outbreak of flames in the upper right upper part of the outer satisfaction of the collection of the instant case, which is limited to the initial combustion point from CCTV video images to the initial combustion point, it is presumed that the flames have been generated by electrical factors, but 2) the upper right side of the satisfaction.

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