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(영문) 서울중앙지방법원 2017.08.24 2016가단5291650
구상금
Text

1. Defendant A and B jointly share KRW 52,925,913 to the Plaintiff and 5% per annum from July 31, 2015 to March 25, 2017.

Reasons

1. Common factual relations;

A. (1) The status of the parties, etc. (1) Defendant C is the owner of the 2nd floor building (hereinafter “the instant building”) on the ground D in Yeongdeungpo-gu, Yeongdeungpo-gu, and Defendant A and B also operate the “E” (hereinafter “instant store”) that partially leased the 1st floor of the instant building to sell the system for the use of vehicles.

(2) The Plaintiff is an insurance company that concluded a fire insurance contract with G operating “F” on the side of the instant store by leasing a part of the instant building.

B. (1) On January 7, 2015, around 07:20, the occurrence, etc. of the instant fire, at around 07:20, the instant store and the said “F”, and the said “H” store, and the office fixtures, facilities, etc. of the “I” store on the second floor, all of which were presumed to have been removed from the instant store (hereinafter “instant fire”).

(2) While the Gyeonggi Provincial Police Agency’s Scientific Investigation Committee, which identified the fire site of this case, stated that “the first postponement has occurred in the part of the signboard of this case and thereafter the flames have come out, it shall be presumed that the form of combustion caused by electrical factors, such as emulation of electric power lines at the location of the signboard of this case, damage to fire, etc., can be presumed to have come out of the first floor of the store,” it is presumed that “it is presumed to have come out of the first floor of the commercial building when compiling the emulation and CCTV data, but it is not a question about the first flames around the first floor (the signboard of this case), but the site is specific in terms of the emulation in the condition that it is impossible to ascertain as the fire occurred and collapse, while considering the statements made by reporters and witnesses, CCTV screen installed at the location where the fire occurred, the details of the CCTV screen installed at the police station’s signal at the location where the fire occurred, the result of a fire scene investigation report on the fire site of this case, and the statements made by the related parties.

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