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(영문) 서울중앙지방법원 2018.01.23 2016가단5276255
구상금
Text

1. Defendant A’s KRW 14,099,432 as well as 5% per annum from March 15, 2014 to January 23, 2018.

Reasons

1. Facts of recognition;

A. On December 26, 2012, the Plaintiff concluded a “general insurance contract on non-dividend B’s property” that compensates losses arising from fire accidents, etc. within the scope of the insurance coverage amount, as to the building D located in the Si/Gun first from December 26, 2012 to December 26, 2017 (factory, container, and container; hereinafter the same shall apply), its internal facilities, inventory assets, etc.

B. On December 2013, 2013, E, the husband of B, asked the Defendant A to repair a tent installed in connection with the warehouse of this case, and the Defendant A introduced E to repair work.

C. From am on December 3, 2013, G performed a melting work to connect steel pipes for the installation of tents to E and the outside tent of the instant warehouse. At around 12:49 on the same day, Defendant A visited the site of the instant work and visited the site of the instant warehouse at around 12:49, the fire was caused by the fire, such as the packing materials, etc. being kept in custody in the said warehouse and inside the said warehouse (hereinafter “the fire”).

After assessing the loss caused by the instant fire as KRW 836,53 of the repair cost of the instant warehouse, and KRW 34,412,027 of the inventory asset in the storage inside the said warehouse, the Plaintiff paid KRW 18,000,000 as insurance money to B on January 28, 2014, and KRW 17,248,580 as of March 14, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, Gap evidence 4-1, 2, 3, 4, Gap evidence 7-1, 2, and 3, the result of the party examination of defendant A, the purport of the whole pleadings

2. Determination as to Defendant A

A. According to the above facts, the defendant A could have sufficiently predicted that the flames emitted in the course of the melting work performed in the warehouse of this case could be scattered around the warehouse of this case, and thus, the flames should be spread around.

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