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(영문) 서울중앙지방법원 2016.09.09 2015가단5367444
구상금
Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as the parties to the dispute is as follows: (a) the building D ground (hereinafter “instant building”) of the building C owned between B and B, Dong-gu, Chungcheongnam-gu, Seoul.

2) Of the 1st floor, the “E store” on the 1st floor (hereinafter “Plaintiff store”).

(2) The insurance contract covering fire damage, etc. as part of the building, facilities, inventory assets, fixtures, etc. as the subject matter of the insurance (hereinafter “instant insurance contract”).

2) The Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer that entered into an insurance contract with the Defendant with a person who operates the “F” (hereinafter “Defendant store”), a neighboring store of the “EM store” in the instant building.

B. (1) On November 14, 2014, around 03:50, the instant main points were the occurrence of a fire, and the said main points were the previous main points. (2) Upon receipt of a request from the competent police station (Yanannam Police Station), the National Scientific Investigation and Research Institute (Yanannam Police Station), after detecting the instant fire site, prepared and submitted an appraisal report with the following details.

【The part where the fire in this case is specifically emitted due to the burning of the shape of the fire or the burning of the site centered on the left side of the Plaintiff store (including the residual sea of the floor) and the burning of the fire at the site in the center of the Plaintiff store is a studio. There is a direct argument as to whether the fire in this case is related to the burning of the electric wires and the residual sea of the left side of the tetras floor inside the Plaintiff store. 3) The fire site investigation report at the fire site conducted by the competent fire station (Yandong Fire Fighting division) which investigated the fire in this case’s site is presumed to be a shot point. “The end of the tetras on the left side of the Plaintiff store is added to the presumed point and adjacent to it, but it is the first cause of shot, which is located in the Defendant store.”

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