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(영문) 제주지방법원 2017.07.11 2016가단15449
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with D, the operator of the restaurant C (hereinafter “instant store”) located in Jeju-si, and the Defendant is a person who, around September 2, 2013, performed the construction of electric installations of the instant store around two months prior to the occurrence of the following fire accidents, performed the electric light replacement work at the instant store via employees around 14:00 on the date of the fire accident.

B. On November 8, 2013, around 15:45, at the instant store, the occurrence of fire and the occurrence of an accident involving the removal of the inside of the instant store.

(hereinafter “the instant fire accident”). C.

On January 22, 2014, the Plaintiff paid KRW 77,541,338 of the insurance proceeds from the instant fire accident to D in accordance with the said insurance contract.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the cause of the instant fire accident is electrical factors, such as electric power failure, and the Defendant constructed electric installations of the instant store two months prior to the date of the instant fire accident, and performed the work of replacing the electric light of the instant store through the employees immediately before the instant fire accident occurred, the instant fire accident is presumed to have been due to the Defendant’s electrical construction negligence.

Therefore, since the defendant is liable for damages against D in accordance with the legal principles of tort liability under the Civil Act, the defendant is obligated to pay the amount equivalent to the insurance money to the plaintiff who paid the insurance money of this case as indemnity.

3. According to the statements in Gap evidence Nos. 1, 3, 4, and 6 (including each number), the fire accident of this case occurred after the defendant constructed electric installations of the store of this case two months prior to the occurrence of the fire accident of this case, and the transfer and replacement of the store of this case through the employees two hours prior to the occurrence of the fire accident of this case, the Jeju Fire Ledger, Jeju Police Station, Jeju Police Station, and the adjuster caused the fire accident of this case due to the electrical factors or the malfunction of contact volume.

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