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(영문) 서울중앙지방법원 2020.09.11 2019가단5145529

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 November 13, 2015, the Plaintiff is a mutual aid business entity that entered into an apartment organization fire deduction agreement with respect to all six buildings (510 households) and its affiliated buildings in Ysan-gu Seoul Special Metropolitan City (hereinafter “instant apartment”) and the following matters.

The period of mutual aid: The amount deducted from November 30, 2015 to November 30, 2016: 50.50 million won [the amount deducted from 16:00 to 16:00,000 won: x 10.2 billion won in the household unit of the attached building, such as the unit equipment of 40 billion won, such as electrical equipment of the six and the attached buildings of this case, and the mechanical room, all of the equipment and appliances, such as the unit equipment of 150,000 won, such as the unit equipment of the six and the attached buildings of this case x KRW 10.2 billion in the unit unit of the household unit (20 million per household x 5.10 households), the management unit of the 1,2 (the elderly unit, assembly), the management center, the electric room, etc. of this case x 10.10 million won in the whole facilities).]

B. However, around 00:59 on August 9, 2016, a fire occurred in the instant apartment D (hereinafter “instant fire”), and as a result, subparagraph D owned by E was destroyed by fireproof materials (a ceiling framework, remote areas, windows, attached stuffs, etc.) and household gates except structural structures, and F-owned G was flooded by fire-fighting water, and part of the section for common use of the instant apartment was destroyed by fire.

C. The amount of damage caused by the instant fire was assessed as KRW 81,943,009 in total as follows, and the Plaintiff paid each of the pertinent mutual aid money to the residents’ representative council, etc. of the instant apartment complex until October 13, 2016 under the mutual aid agreement.

Mutual-aid money (cost) payment recipient of the mutual-aid money for common use 7,357,074 7,357,074,074 council of occupants' representatives 40,438,327 40,438,438,438,327 427,438,327 E-on 21,066,22520,000,000 aggregate 81,943,009 80,876,7844

D. Meanwhile, at the time of the instant fire, heading D was installed and used in the 2009-type kimchi air conditioners manufactured by the Defendant (hereinafter “instant air conditioners”). However, in the process of the investigation into the cause of the instant fire, a trace was found on the electric source code of the instant air conditioners.

[Evidence]