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(영문) 서울중앙지방법원 2017.09.26 2016가단5210460
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 29, 2016, the Plaintiff concluded a corporate comprehensive insurance contract with B (hereinafter referred to as “B”) that compensates for losses incurred to the subject matter of insurance due to a sudden accident, such as a fire, etc., setting the respective period from February 29, 2016 to February 28, 2017, setting the facilities installed inside B and its inside B (hereinafter referred to as “instant building”) located in Busan-gu, Busan-gu, B (hereinafter referred to as “instant building”) and the insured, and the period of insurance.

B. On May 11, 2015, B concluded a contract with the Defendant for remodeling construction of the instant building at the cost of construction from May 13, 2015 to June 5, 2015, and the cost of construction KRW 211,530,000, respectively.

C. On May 1, 2016, at around 10:20, a fire was destroyed by the said ceiling, the wall, and the facility inside the said ceiling, the wall, and the facility, which were installed in the ceiling of the first floor of the instant building.

(hereinafter “instant fire”). D.

As a result of the investigation into the cause of the instant fire, the Korea Electrical Safety Corporation stated that the first emission was made in the connection department of the supply cable of PED lighting installed in the ceiling of the first floor of the instant building, which was the heat caused by the transmission of vibration generated when a sun-type air conditioner, installed in the vicinity of the said lighting, under the condition that the contact with the said lighting was poor, and that the heat was presumed to have occurred, and that the outbreak and fall on the apartment clothes was presumed to have occurred.

E. On June 10, 2016, the Plaintiff paid KRW 138,016,000 to B with the insurance proceeds from the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 5, the purport of the whole pleadings

2. The plaintiff's assertion that the parties asserted that the construction of the building of this case was contracted by B, and the defendant did not properly perform the ED lighting work included in the above construction, and the fire of this case occurred in the above lighting.

The Plaintiff paid KRW 138,016,00 to B with insurance money according to the insurance contract concluded with B, which is equivalent to the amount of damage of B caused by the instant fire.

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