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(영문) 서울중앙지방법원 2020.10.28 2019나76858

구상금

Text

The plaintiff's claim that the court changed in exchange for the defendants is dismissed in entirety.

The total cost of the lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an insurance contract with the owner F with respect to D Apartment E, Guro-gu Seoul Metropolitan Government with the insurance period from May 28, 2018 to May 28, 2019. 2) Defendant B Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is a company that manufactures an electronic rail (Article 11, 197; hereinafter referred to as the “instant electronic rail”) that F was installed in the main bank of the said apartment.

3) Defendant C Co., Ltd. is an insurer who entered into a liability insurance contract with Defendant B. B. At around February 4, 2019, around 01:50, F, which was locked in the above apartment, discovered the occurrence of a fire around the instant electronic rail or around the instant apartment, and directly extinguishing the fire by using the scke.

2) As a result of on-site investigation, the heat and its noise caused damage, contamination, contamination, and total amount of KRW 8,956,621, such as phishing, singing, exhausting, floor finishing, and cooling, clothes, and bedclothes. 3) On-site investigation, it is presumed that the fire was caused by the electrical factors of the instant electronic file, which were installed on the phish board, in view of the burning shape of the fire, and there were no causes to become a fire.

C. The Plaintiff paid insurance proceeds to F on May 14, 2019 KRW 8,956,621.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the electronic file of this case, manufactured by Defendant B, caused the damage to F due to a fire due to a defect in safety and durability, and that the damage was incurred to F, by subrogation, the Plaintiff paid the insurer damages for the tort against Defendant B, and the compensation insurance for the Defendant C.