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(영문) 서울중앙지방법원 2017.07.27 2016가단5106486

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 8, 2015, the Plaintiff’s assertion (hereinafter “Defendant Company”) caused a fire inside the Asian plant, Co., Ltd., and the Plaintiff, an insurance company which entered into a fire insurance contract with Asia, paid KRW 49,107,184 as insurance proceeds on December 22, 2015.

Therefore, the Defendant Company, the manufacturer of the cold and hot water season, shall be liable for damages under Article 3(1) of the Product Liability Act, and Defendant A, the seller, shall be liable for damages under Article 3(2) of the Product Liability Act. As such, the Defendants jointly have the obligation to refund the Plaintiff 49,107,184 won and damages for delay.

2. The judgment was based on the following circumstances, i.e., B, the first witness of a fire, stating to the effect that “the garbage stuff located at the lower part of the wall part of a warehouse was already burned, and the fire was under way on the right side of the water purifier where the water purifier was located,” and the fire appears to have first occurred at the waste stuff, not around the water purifier, and there is a possibility that a large number of tobacco butts were discovered from the waste stuffs, and there is a possibility of a fire due to the fire, and the report by the National Institute of Scientific and Investigative Research stated that the fire was likely to occur, and there is no objective evidence to verify the production of the water purifier at issue on the ship of the water purifier, and there is no other evidence to acknowledge the Plaintiff’s assertion against the Defendants, and there is no other evidence to prove otherwise.

Therefore, all of the Plaintiff’s claims against the Defendants cannot be accepted.

3. Thus, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so ordered as per Disposition.