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(영문) 서울중앙지방법원 2016.11.28 2016나9093

구상금

Text

1.The judgment of the first instance shall be modified as follows:

The defendants jointly do so to the plaintiff 16,146,024.

Reasons

1. Facts of recognition;

A. The plaintiff is an insurance contract with D apartment (hereinafter "the apartment of this case") under the following non-life insurance contract with the council of occupants' representatives:

insurance company that entered into a contract with the Korea Land and Housing Corporation and is not more than the defendant Corporation.

In October 2010, the company newly constructed and sold the above apartment units, which was completed on or around October 2010, and defendant A and defendant A et al.

the new apartment construction project is the construction project for the new apartment.

- Insurance types - Insurance policyholders of housing fire insurance / Insured: Insurance period of the council of occupants' representatives of D apartment units: From November 30, 2012 to November 30, 2013, other than special terms and conditions of water leakage damage and water leakage damage.

B. On January 13, 2013, around 10:00, an accident occurred in which water inside and outside the wall of the instant apartment 207-dong 3rd floor flows out of the outside of about 75m water, and various electric, electronic, and machinery parts are flooded (hereinafter “the instant accident”). Accordingly, the council of occupants’ representatives suffered damages that the instant apartment 25,849,431 won was spent for repair costs.

C. The circumstances leading up to the instant accident are as follows.

(1) The phrase “PD” installed with the fire pipes of this case (50m diameter diameter, 50m glass and glass-free glass-free glass-cons-cons-tamping method, and the term “PD” (hereinafter “PD”) is a structure directly affected by the external temperature, since the two sides consisting of concrete walls are directly adjacent to the outer space, and one side of the rest of the concrete wall adjoining to the corridor leading to the outer space.

In addition, the reason is that the fire-fighting pipe of this case was constructed by adding it to the concrete wall abutting on the outer side, and the concrete wall with a thickness of 200 meters and the thermal temperature surrounding the fire-fighting pipe of this case are the air-conditioning layer.