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Back台南浮水魚羹店火警波及手搖飲店,法院判肇事攤商賠償40萬2316元
台南浮水魚羹店火警波及手搖飲店,法院判肇事攤商賠償40萬2316元
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自由时报yesterdayLaw2 min readChinaView translation

台南浮水魚羹店火警波及手搖飲店,法院判肇事攤商賠償40萬2316元

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台南浮水魚羹店因瓦斯外洩引發火災波及鄰家手搖飲店,保險公司理賠後代位求償63萬餘元。法院認為部分受損設備屬舊裝潢,無法按新裝潢計算折舊,判決肇事攤商賠償40萬2316元。

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Why It Matters

王女經營的浮水魚羹店因瓦斯外洩引發火災,蔓延至隔壁林姓業者經營超過10年的手搖飲店,導致天花板及營業設備受損。保險公司已先行理賠92萬6830元,其後代位求償肇事攤商。

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台南浮水魚羹店火警波及手搖飲,保險公司代位求償63萬餘元。法官認定舊設備不可當作新裝潢計算,重新折舊後,判決肇事攤商賠償40萬2316元。(記者王捷攝)

台南一家浮水魚羹店發生火警波及相鄰手搖茶飲店,保險公司理賠後轉向肇事攤商求償63萬多元。台南地方法院審理後認為,部分受損物無法判斷是新購入物品,判魚羹店的王姓店主賠償40萬2316元。

前年6月間,王女經營的浮水魚羹店,因瓦斯外洩引發火災,蔓延至隔壁林姓業者的手搖飲店,導致天花板及營業設備受損。保險公司表示,茶飲店火警前幾個月才剛重新裝潢,依約已先行理賠92萬6830元。隨後保險公司扣除部分折舊,代位向王女求償財物與停業損失。

王女在法庭上反駁,強調火勢迅速受控,實際波及茶飲店範圍不大。她點出,該茶飲店前身為連鎖加盟店,已在當地經營超過10年。雖然林姓業者前年2月改為自營品牌,但僅更換外部招牌與販賣區裝潢,店內的輕隔間、水電管線與硬體設施根本沒有重新施作。

王女認為,保險公司將大量舊設備以全新標準計算折舊費用,十分不合理,且部分遠離火源的物品也被算在求償清單內。她主張應扣除超過法定耐用年數的老舊設備費用,才能符合實際損害賠償精神,拒絕照單全收,不願負擔全額的維修款項。

法官調閱紀錄確認茶飲店因救災灑水導致設備受損,但比對照片發現,除販賣區有重裝潢痕跡,其餘設備無法證明為新添購,多數已逾法定耐用年數,應以殘值計算。此外,側門與網路分享器無法證明與火警有關遭剔除。經核算實際折舊,認定合理賠償為40萬2316元。

Open Questions

  • 保險公司是否會對判決金額提出上訴?
  • 林姓業者是否已完全修復店鋪並恢復營業?
  • 此案是否會影響未來類似商業鄰近火災的賠償標準?

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