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(영문) 서울서부지방법원 2019.01.16 2018가단206694

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 September 9, 2017, 21:28, 2017, a fire occurred in finland Tracksan Track (hereinafter “instant fire”) that was parked in a finland (hereinafter “instant Track”), which was a Track Track Track (hereinafter “second Track Track”) and the United States Track Track (hereinafter “second Track”) that was parked on the Track Tra and its side.

B. On December 1, 2017, the Plaintiff, the insurer of the 1st and the 2nd film, paid insurance proceeds of KRW 234,468,750, and KRW 36,307,625 to E, the owner of the 2nd film (the insured) respectively.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the fire of this case occurred due to the Defendant’s own defect of the 1st film sold to the instant association. As such, the Defendant is liable to the instant association for damages arising from the warranty or tort liability, and is liable to compensate for damages arising from product liability against E.

Therefore, the defendant is obligated to pay the plaintiff the insurance money paid to the union of this case and E, who exercises the right of subrogation by the insurer.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments and arguments as to Gap evidence 5-1 to 10, and Eul's testimony, the association of this case: (i) was equipped with the 1 Twitter purchased from the defendant with the 1 Twitter and the metal studor and its supporting unit, and used the 1 Twitter for the purpose of giving and receiving a house; (ii) was operated with the electric power connected to the 1 Twitter's twitter; and (iii) G on September 20, 2017, when the fire of this case was taken into place in the vicinity of the place where the fire of this case occurred, and was smelled on September 20, 2017 to the accident investigationr who reported the fire of this case, and around 21:0, 21:00.