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(영문) 서울중앙지방법원 2019.02.14 2017가단5217581
구상금
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2014, Defendant B, among the underground floors located in Ulsan-gu E from Nonparty D, the 1st floor structure of the 2nd floor above ground and the stud steel-frame building, its affiliated building, and the 1st floor plane structure above ground (hereinafter “instant building”), partially on the ground surface, Defendant B leased approximately 28 square meters in total (hereinafter “instant leased part”) of KRW 27.0 square meters in the 1st floor below ground level, and KRW 27.0 square meters in the 1st floor below ground level (general restaurants) and KRW 27.23 square meters in the 1st floor below ground level (hereinafter “instant leased part”), and operated the instant leased part as “F-ju each other” from December 3, 2014.

B. On February 26, 2015, Defendant C purchased the instant building and its site from the foregoing D, and completed the registration of ownership transfer on April 17, 2015.

C. On December 29, 2015, the Plaintiff concluded an I insurance contract with regard to the building and signboard of Ulsan-gu Htel near the instant building with the insurance period from January 7, 2016 to January 7, 2017, and with regard to the amount of KRW 920 million covered by building fire security.

(hereinafter “instant insurance contract”). D.

On August 25, 2016, around 02:10, a fire occurred in the leased premises of the instant case and became an adjacent Htel that caused the fire to spread (hereinafter “instant fire”). The instant fire caused damage, such as a fire, which caused the leased object to a bridge and the outer wall of Htel to be destroyed.

E. As above, the Plaintiff calculated KRW 65,250,796 with respect to the repair cost, such as the outer wall of the Htel, and KRW 6,328,764 with respect to the removal of remaining substances. On December 15, 2016, the Plaintiff paid KRW 62,527,858, out of the estimated damage amount of KRW 71,579,560 with insurance proceeds.

F. As to the scene of the instant fire, an on-site investigation was conducted by relevant agencies on the causes of fire, etc. and a report was prepared, the main contents are as follows:

1) On-site identification reports with the Criminal Administration of the Ulsan National Police Agency (No. 10 evidence B - fire.

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