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(영문) 서울중앙지방법원 2020.07.14 2017나26385

구상금

Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment is revoked, and that part is revoked.

Reasons

1. Basic facts

A. On February 25, 2015, the Plaintiff entered into a comprehensive property insurance contract (hereinafter “instant insurance contract”) with respect to the Seo-gu Incheon Officetel (hereinafter “instant Officetel”) with respect to the insurance period from February 28, 2015 to February 28, 2016, and the insured, with respect to the instant officetel’s accident, including compensating for losses that may arise to the owner of the relevant household due to the instant officetel’s accident.

B. Defendant B was the owner of the instant officetel E, and around 13:30 on January 20, 2016, the heating equipment pipes installed in the instant room were cut off, and a large amount of heating water leaked, and the leakage of leaked water was turned out into the ceiling of the instant officetelF, and there was an accident in which the ceiling, walls, floors, furniture, etc. were milched into the water (hereinafter “instant accident”).

C. On February 5, 2016, the Plaintiff paid KRW 18,933,916 for the insured G, the owner of the instant officetelF, the insured G, who is the owner of the instant officetelF.

On January 16, 2009, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) concluded a “H” insurance contract with Defendant B by setting the insurance period from January 16, 2009 to January 16, 2079. Under the above insurance contract, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) secured the legal liability for damages to another person’s physical disability or property by an insured accident due to a contingency arising from the ownership, use, or management of a house listed in the insurance policy used by the insured for residential purpose (excluding the ownership, use, and management of real estate other than a house) and an insured’s daily life (excluding ownership, use, and management of real estate other than a house).

E. Meanwhile, G filed a lawsuit against the Defendant Company seeking damages under the instant accident (Seoul Central District Court 2016Kadan508892).