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(영문) 서울중앙지방법원 2016.07.01 2016나7462
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 26, 2013, the Plaintiff entered into an insurance policy (hereinafter “instant insurance contract”) with “insured: D(Representative B)”; “The subject matter of insurance: D factory buildings on the ground D (hereinafter “instant building”); and the interior machinery, appliances, inventory assets and office fixtures thereof,” “insurance period: between April 26, 2013 and April 26, 2018: 275 billion won (hereinafter “instant insurance contract”).

B. On April 5, 2015, around 04:47, a fire occurred in the “E” building located in the Cheongju-si, Cheongju-si, the petitioner-si, the building of this case, and the Defendant’s operation (hereinafter “Defendant-owned building”) and some of the roof, interior machinery, inventory assets, etc. of the building of this case were destroyed (hereinafter “instant fire”).

C. The Criminal and Scientific Investigation Team of the Chungcheongnambuk National Police Agency identified the instant fire as follows.

Many burnings were in the vicinity of the wall of the building occupied by the Defendant, and the shape of burning the factory of the instant building appears to have been enlarged from the wall surface, and the shape of burning the factory of the instant building appears to have been spreaded to the ceiling. In a situation where the seal of the computer meter is connected to the part-off circuit installed on the inner wall of the building occupied by the Defendant and distributed to each blockingr, and used inside the inner part. There was an electrical and abnormal scams from the annual line connected to the second stoper, which was connected to the right side of the electric power plant, in the front side of the building occupied by the Defendant. In light of the overall prefabricated panel’s surface, such as the wall surface, etc., of the prefabricated panel, there was an electrical and abnormal scamsings from the wall of the part-off of the building occupied by the Defendant to the right side, and it was burned to the upper part of the wall of the building of this case.

On June 11, 2015, the Plaintiff paid insurance money of KRW 31,583,393 to the insured B according to the instant insurance contract.

【Ground of recognition】 There is no dispute, Gap No. 1.

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