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(영문) 수원지방법원 2017.12.14 2016가단519634

구상금

Text

1. Defendant Sung Ho boiler Co., Ltd. and Hyundai Marine Fire Insurance Co., Ltd. are 50,157,060 won and the Plaintiff.

Reasons

1. Facts of recognition;

A. As between the parties, the Plaintiff entered into a fire insurance contract between March 13, 2013 (hereinafter “the fire insurance contract in this case”), between March 13, 2013 and March 13, 2018, with the insurance period from March 13, 2013 to March 13, 2018, with which the Plaintiff engaged in restaurant business along with E, as the lessee of the damage building in this case, where the damage to the said insurance object was incurred due to a fire (hereinafter “the fire insurance contract in this case”).

B. Defendant A, as the lessee of the first floor building located in Suwon-si F (hereinafter “instant fire building”), was operating accommodation business in the name of “G”, and the Defendant Hyundai Maritime Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) manufactures electric boiler and electric temperature water equipment. Defendant Hyundai Maritime Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an insurer who concluded a product liability insurance contract with the Defendant Company.

(hereinafter referred to as the “Liability Insurance Contract”). Consolidatedly, the damaged building of this case and the fire building of this case are owned by H, and the fire building of this case had a model name SB-040 (hereinafter referred to as the “electric temperature water tank of this case”) manufactured by the Defendant Company was installed in the building of this case.

B. On June 21, 2015, around 00:35, a fire occurred around the boiler room of the instant fire building (hereinafter “instant fire”). A part of the roof of the G store was destroyed by a fire, and a part of the roof of the instant fire store was removed from the roof of the instant fire building, which was immediately adjacent to the instant fire building, and the articles kept in custody at the D store were removed.

C. (1) The defendant company is likely to cause a defect in the management of the defendant company H and the defendant company.