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(영문) 서울중앙지방법원 2018.08.29 2018나12185
구상금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who concluded a fire insurance contract between D (hereinafter referred to as “insured”) and the insurance period with respect to the “C” store located in Namyang-si, Namyang-si (hereinafter referred to as “instant building”) from April 26, 2016 to April 26, 2019.

B. On September 15, 2015, the Defendant manufactured and installed freezing in the instant building at the request of the insured (hereinafter “instant freezing”).

C. On September 25, 2016, around 02:18, a fire occurred in the upper part of the freezing of the instant freezing (hereinafter “instant fire”). D.

As a result of the fire site investigation, considering the fact that the shot is limited to the upper part of the store, the fire extinguishing equipment is operated, the shots of electric wires carried out inside the freezing body from the surface of the freezing body, the shots of the electric wires, the shots of the shots, the shots of the shots, and the shots of combustion and heat transformation and heat melting, it is presumed that the shots and the electric wires have been launched at the point of the electric wires. In light of the fact that the shots and the shots connected with freezing body are not found, it is concluded that the shots of the shots and the electric wires are presumed to have been launched by the electrical elements.

E. On November 15, 2016, the Plaintiff paid KRW 15,133,830 insurance money to the insured on November 15, 2016, with respect to the fire-fighting damage of buildings, inventory assets, facilities, and machinery and equipment, and the business suspension damage.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6, 7 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant fire was presumed to have been caused by electrical factors from the electric wires of the freezing meat of this case manufactured by the Defendant. In light of the fact that the instant fire occurred at the point of time one year has passed since the date of manufacture, it appears that the electric wires of the freezing meat of this case were not equipped with safety ordinarily expected, such as the durability and smoke-saving function.

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