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(영문) 서울중앙지방법원 2017.10.26 2017나14344

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an insurance contract with A with the following content:

Insurance Type B Insurance Policy No. 320,000,000 total sum total sum KRW 220,000,000,000 insurance terms and conditions of insurance contract from April 27, 2015 to April 27, 2016, the insurance policy period from April 27, 2015 to April 27, 2016, which was 120,000,000 total sum total amount of KRW 120,000,000, total sum of KRW 440,000,000, total amount of KRW 440,000,000.

B. On July 6, 2011, A entered into a contract with the Defendant for the interior works of the instant hospital, and the Defendant installed screening pipe pipes at the ceiling of the instant hospital in the course of interior works.

C. On November 2, 2015, around 12:00, the instant hospital’s floor and the ceiling contaminated with air conditioners, CCTV cameras, computers, etc. (hereinafter “instant accident”). D.

On May 31, 2016, the Plaintiff paid KRW 13,695,353 as insurance money to A for damage incurred from the invasion of facilities and equipment in the instant hospital due to the instant accident.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the wave of a multi-tamper which connects the screen pipe without being melting, and the Defendant was negligent in the pipeline construction by using a multi-tamper, the durability of which considerably falls. As such, the Defendant is liable to compensate A for damages due to nonperformance of obligations under a contract, or tort due to negligence in the sprinkler pipe construction, and thus, the Defendant is liable to compensate A for damages due to the payment of insurance money.