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(영문) 서울중앙지방법원 2016.01.27 2015가단5139090

구상금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff entered into an apartment complex comprehensive insurance contract (hereinafter “instant insurance contract”) with the council of occupants’ representatives on May 17, 2014 to May 17, 2015, to compensate for the amount of damages within the limit of KRW 128,406,00,000 with respect to the building and tools of householdwork, house fixtures, resident common facilities, fire, drainage system, natural disaster accident, etc. within the building and its home appliances, house fixtures, resident common facilities, etc., and the Defendant sells fish, etc.

B. On December 11, 2014, at around 20:13, 2014, C, a resident of 102 Dong 503 of the instant apartment, went out of the room room room room room, with a gambry, etc. (hereinafter “instant house, etc.”). As a fire occurred on the part of the exhauster’s cable of the instant house, etc., the said 503 unit and 403 unit, which is the lower household, were damaged by the windowhead, hot-project floor, gambling ground, and 503 unit, etc.

C. The Plaintiff paid KRW 5,548,550 to D residents of 403 as insurance money under the instant insurance contract, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff asserts that since the fire of this case occurred due to the defect or defect in the house, etc. of this case manufactured and sold by the defendant, the defendant who is liable for damages under the Product Liability Act is liable to pay the amount equivalent to the above insurance money to the plaintiff who exercises the right of subrogation.

In order to recognize the Defendant’s liability for damages under the Product Liability Act, the instant fire occurred in a state where the instant house, etc. was normally used, and the said fire occurred in an area where the Defendant is under exclusive control, which was submitted by the Plaintiff.

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