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(영문) 서울중앙지방법원 2017.11.22 2016가단5288951

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. The Plaintiff is an insurance company.

As between April 17, 2012 and B, the Plaintiff concluded a comprehensive insurance contract with the content that “B,” the contractor and the insured, “B,” “from April 17, 2012 to April 17, 2017,” and the content of the coverage “D restaurant in Gwangju-gu C, a building, facility, property, or other property,” respectively.

(Securities Number: E.b.

In 2011, the defendant sold a water tank to B, and installed a water tank on the side of the cafeteria at D frequency cafeteria.

D There are a simplified door in the form of outflow on the left side of the entrance of the frequency collection, and the outer part is two water control units with the upper part (the upper part and lower part) of each two parts (the upper part) towards the outside.

C. On December 29, 2015, around 12:13, a fire presumed to have been fire due to electrical factors in the vicinity of the entrance of the 1st floor.

hereinafter referred to as "the fire of this case"

(D) As a result, the Plaintiff paid KRW 45,943,625 insurance proceeds to B on March 14, 2016. [The entry in Gap evidence Nos. 1 through 4, 6, and Eul evidence Nos. 4 and the purport of the entire pleadings, as a whole.

2. The Plaintiff’s assertion caused the instant fire due to the defect of the water capacity pipe manufactured by the Defendant, or the mistake of installing the water-tank.

The defendant is liable for compensating for damages suffered by the victim pursuant to Article 3 of the Product Liability Act.

3. Determination

A. 1) A water tank for a water tank is a stringer in the form of a pipe that was made by filling heat lines and sium sium sium to be used to control the temperature of water inside a water tank, and is composed of the string and temperature control unit. The string is a form that strings the string line connected to the automatic temperature control unit are stored in water, connects the power source code of the string to the automatic temperature control unit, connects all of the automatic temperature control unit. 2) The Defendant purchases a string and automatic temperature control unit from F from the string manufacturer of a water tank for a water tank, and installs a water tank in D frequency.