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(영문) 서울남부지방법원 2020.02.07 2019가단249033
구상금
Text

1. The Defendant’s KRW 54,573,580 as well as the Plaintiff’s annual rate of 5% from October 27, 2017 to February 7, 2020.

Reasons

1. Basic facts

A. The relevant Plaintiff is an insurer who concluded a fire insurance contract with C Co., Ltd. with respect to the building on the off-gu Incheon Metropolitan City D ground factory (hereinafter “C factory building”).

The defendant is running a plastic product gold business, etc. in the Gangnam-gu Incheon Metropolitan City Ground E-based Factory (hereinafter referred to as the "Defendant factory") adjacent to the C factory building.

B. On May 24, 2017, a fire (hereinafter “instant fire”) occurred to the Defendant’s factory and burning it to a neighboring building, and around 22:53, the entire number of the Defendant’s factory 1 and the second floor was destroyed. A F factory building (including a factory operation, guard room, warehouse operation building, most of the affiliated tent storage building) was destroyed by a factory of FF (hereinafter “F”), which was destroyed by a factory of F Co., Ltd. (hereinafter “F”) that was located behind the Defendant’s factory, and during that process, 20 square meters of the outer wall of C factory building adjacent to F factory building was damaged by its sound.

As a result of the fire site investigation at the Southern East Fire Fighting Station, the defendant's factory pathy or active water tank environment is relatively serious, and it is presumed that the strekes have been discovered on the remaining side of the electric power ship that falls on the floor of the branch, and that it is generated by electrical factors. However, the possibility of combustion caused by human incidentalism or mechanical factors cannot be ruled out because the point of combustion is seriously burned, modified and washed out. The reason for the expansion of burning is very close to the separation distance between the storage of the defendant and the temporary building installed by F, and a large quantity of products loaded inside the building is presumed to have been spreading rapidly. The above temporary building was investigated to have been spread up to the first floor and second floor of the fireproof structure between the 1st floor and the second floor of the fireproof structure by expanding the roof and the wall.

C. The sum of the cost of recovery and repair and the cost of removal of residuess to C Co., Ltd. (hereinafter “C”) due to the instant fire.

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