beta
(영문) 서울중앙지방법원 2018.10.26 2017가단5125149

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. The Plaintiff is an insurance company that entered into a comprehensive fire compensation insurance contract (comprehensive) with the insurance period from August 28, 2013 to August 28, 2028 with building A and the subject matter of insurance as well as building B, office fixtures, interior facilities, goods, etc. located in the Gu Government-si, and the Defendant is a company that manufactures air conditioners (hereinafter “instant air conditioners”) installed in the restaurant of the name “C” (hereinafter “instant restaurant”).

B. On March 16, 2017, around 11:20, a fire occurred near the air conditioners of this case, and approximately 30 square restaurants of this case were relocated.

(hereinafter referred to as “instant fire”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 7, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the fire of this case occurred at the lower part of the air conditioner of this case, which was installed in the restaurant store. The Defendant, a manufacturer who manufactures and sells the goods, is liable to manufacture and sell products with safety and durability within the scope expected in light of the level of technology and economic feasibility at the time of distribution, and the Plaintiff’s liability for damages incurred to the Plaintiff, as a manufacturer and seller of air conditioner, as well as liability for damages incurred to the general tort.

Therefore, the defendant is obligated to pay 49,229,101 won to the plaintiff, who is the policyholder, as insurance money for the fire of this case.

B. Prior to the determination, the Plaintiff submitted evidence, based on the results of the fact-finding inquiry conducted with respect to the Gyeonggi Northern Provincial Police Agency and the Do Government Fire Officers.