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(영문) 서울중앙지방법원 2020.08.21 2019나55622
구상금
Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the owner of the building D’s ground (hereinafter “instant building”) in Nam-gu, Incheon, Nam-gu, and Defendant B(E) is the lessee of the first floor of the instant building from the Defendant Co., Ltd.

B. The Plaintiff entered into an I insurance contract (hereinafter “instant insurance contract”) with H on January 3, 2014 to January 3, 2024 with respect to the foregoing building that is operated by G in the Nam-gu Incheon Metropolitan City F Ground Building (hereinafter “instant building”) with regard to the insurance amount of KRW 400,000,000 (hereinafter “instant insurance contract”).

C. On November 13, 2007, the Defendant Company entered into a lease agreement with Defendant B and the first floor of the instant building No. 1,198.34 square meters (hereinafter “E”) with respect to the lease deposit of KRW 17,000,000, monthly rent of KRW 1,700,000 (excluding value-added tax) and the lease term of KRW 1,70,000 (excluding value-added tax) and from December 10, 2007 to December 10, 2009.

On December 1, 2018, at around 00:39, fire fighting occurred in E, and there was an accident in which part of the building of this case was destroyed by fire fighting or fighting.

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

The relevant authorities’ opinions on the investigation of the instant fire accident are as follows.

A statement of legal safety appraisal of the National Scientific Investigation Institute

2. Review:

(a) Buildings in the fire site are burned and modified relatively considerably compared to other parts by the government of the E space;

(b) In light of the following: (a) the order described in the Arabic plate of the ceiling of the initial building at the time of a fire on CCTV images is No. 2-1-3 (No. 1 and No. 2: E and No. 3:C) and the fact that the ceiling of the household building is not burned at the time of the spread of burning to the entire building, the point of combustion may be limited to the rainwater part of the main building No. 1 of the drawing (E location) (E location).

C. As the cause of internal combustion in E, it may be considered in light of the possibility of human outbreak, possibility of outbreak on the parts of facilities and retained objects, and the possibility of humanation is based on CCTV images.

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