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(영문) 서울남부지방법원 2020.10.28 2018가단213426

구상금

Text

1. Defendant B Co., Ltd.: 60,000,000 won and 5% per annum from October 20, 2016 to April 4, 2018 to the Plaintiff.

Reasons

On August 13, 2016, 201: (a) fire (the fire in this case) occurred in the F building G units of the F building (hereinafter the building and store of this case) used by the Defendant E Co., Ltd. at Yangyang-gu, Yangyang-si (hereinafter the building and store of this case); (b) the inventory assets, such as pet feed, etc. of JJ, used non-Dong-dong 2nd H and I of the building of this case, were damaged due to smoke and fire fighting process; and (c) the damaged value was 95,071,838; (d) the Plaintiff entered into an insurance comprehensive insurance contract with J and the insurance period into between June 10, 2015 and June 10, 2025 with the Plaintiff as the maximum amount of KRW 60,000,000,000,0000 upon the claim for insurance money under the fire in this case; and (d) the Plaintiff paid the production or sale of each of the Defendant C Co. 1 to the above company.

The Plaintiff asserts that Defendant B is the user of the instant store, Defendant C is the owner of the instant store, and Defendant D is jointly and severally liable for the payment of the said money as the manufacturer of eromoer who used the instant store at the instant store and caused the instant fire.

As to this, Defendant B and C alleged that the cause of the instant fire was caused by the defect in the hacker, which was produced and sold by Defendant D (other facts do not actively dispute). Defendant D asserted that the instant fire was caused by other parts rather than the hacker, and that it did not occur due to the defect in their products.

According to the statements in Eul 3, 7, and 20 (including each number), the fire of this case was generated around the rorder installed on the top of the freezing door used by the defendant Eul corporation, and the defendant Eul and C asserted the defects of the rorder of the defendant Eul corporation, and they were within the control area.