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(영문) 서울중앙지방법원 2017.02.14 2015가단5067225
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2013, the Plaintiff is an insurer who entered into an indemnity insurance contract for fire-free dividends by setting the insurance period from August 20, 2013 to October 20, 2018, with respect to buildings, interior facilities, and household fixtures located in the 307th floor of the office building of Ildong-gu Seoul (hereinafter “instant building”).

B. On May 14, 2014, the Defendant operated a ice restaurant (hereinafter “E restaurant”) with the trade name “E” on leased Nos. 205 and 305 of the second floor of the instant building.

C. The second floor plan of the instant building is as follows.

On December 13, 2014, around 22:31, 2014, a fire (e.g., “instant fire”) occurred in a resting room and material storage located on the 2nd bend floor of the EM, which is operated by the Defendant, and the inside facilities, etc. of “Dno Norri store” were damaged by flames.

E. The results of the investigation conducted by the police station, fire station, and Korea Electrical Safety Corporation which investigated the origin or cause of the fire of this case are as follows:

(i) the 2nd National Police Agency of the Gyeonggi Provincial Police Agency (hereinafter referred to as the 2nd National Police Agency).

(2) Warehouse 1 (limited to the closing room of the above ground plan) is considered to have been first launched on the 2nd floor of the warehouse.

hereinafter the same shall apply.

2) A warehouse of "astronomical information" (which constitutes a material warehouse of the above ground plan).

hereinafter the same shall apply.

(3) In light of the fact that the oral contents and the warehouse of the store employees are not easy to enter the facility, the possibility of combustion due to artificial circumstances is low, and it is determined that the exhaustive clothes were damaged by the electrical heat of electric wires, and that it was destroyed by the electric heat of electric wires. (1) It was taken before the arrival of the fire brigade site.

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