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(영문) 서울중앙지방법원 2020.08.18 2019가단5165202

구상금

Text

1. The Defendants jointly share KRW 37,670,019 with respect to the Plaintiff and the period from June 11, 2019 to August 18, 2020.

Reasons

1. Facts of recognition;

A. D has resided in the fourth floor of the building located in Jeonsung-gun E (hereinafter “instant building”) and used Kimchi air conditioning Co., Ltd. (hereinafter “Defendant B”) manufactured by Defendant B (hereinafter “Defendant B”) (hereinafter “instant kimchi air conditioning”) around November 2003, a model name F; hereinafter “instant kimchi air conditioning”).

B. On February 27, 2019, around 02:30, a part of the instant building and the household air conditioning equipment was destroyed by fire under the rear side of the kimchi cooling house.

(hereinafter “the instant fire”). The amount of damages of D’s building and household effects caused by the instant fire is KRW 144,464,263 in total (i.e., KRW 73,201,143 (= KRW 71,263,120).

C. After the field investigation, the competent fire station concluded the fire cause of the instant case “The heat generated from the instant kimchi cooling station and the compressed machine is presumed to be a fire that occurred in the process of the outbreak of electric wires by inducing the rupture to the nearby electric wires.”

In the report on the result of fire causes and related internal investigation, the Bosong Police Station concluded that “the shape that is burned out from the rear part of the fourth floor of the kimchi cooling station and burning externally. As a result of the appraisal request from the state and the water, the Bosong Police Station concluded that there is no possibility of spreading due to electrical heat, etc. in the front part of the flag board installed inside the bottom of the kimchi cooling station, and concluded that there is no suspicion of crime, such as fire or fire extinguishment.”

E. The National Institute of Scientific Investigation concluded that the cause of a fire could have been caused by electrical heat, etc. in the part of the wheel set up inside the lower bottom of the Kimchi cooling-gu.

F. On June 10, 2019, the Plaintiff, the insurer of the instant building, paid to D totaling KRW 95,455,725,00 as insurance proceeds of the instant fire and household effects.

G. Defendant C Co., Ltd. and “Defendant C”

) The Defendant B is an insurer of the product liability insurance for products manufactured by the Defendant B.