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(영문) 인천지방법원 2017.11.17 2016가합54731

손해배상(기)

Text

1. The Defendants jointly share KRW 169,338,256 with respect to the Plaintiff, and the period from May 20, 2016 to November 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells electrical equipment, such as water distribution teams and transformers, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) owns the building of the D-factory located in Seo-gu Incheon Metropolitan City and engages in the wholesale and retail business of chemical medicine, chemical medicine manufacturing business, dangerous substance sales business, etc.

On August 17, 2015, Defendant B purchased an insurance policy with Defendant C Co., Ltd. (hereinafter “Defendant C”) by stipulating the insurance period as “from August 17, 2015 to August 17, 2020.” According to the special contract on fire liability security purchased by Defendant B at the time, Defendant C is determined to compensate Defendant B for damages incurred by Defendant B’s burden of legal liability due to the fire or explosion that occurred for insurance purposes, such as its factory, internal facilities, and household fixtures, due to the fire or explosion that occurred for the insurance purpose.

B. Defendant B’s factory building (hereinafter “Defendant’s factory building”) is adjacent to the Plaintiff’s factory and outer wall at a distance of about one to two meters.

C. On May 20, 2016, at around 04:40, a fire occurred inside the Defendant’s factory building, and around 30 tons of salt calcl2 stored in the Defendant B’s calcl2 (FeCl2) and the amount of calclified steel, which was contained in the tank, was destroyed by the outer wall of the Defendant’s factory and damaged the outer wall of the Plaintiff’s factory, and entered the Plaintiff’s factory into the first floor.

(i) [In the absence of dispute over the grounds for recognition, the entries in Gap evidence 5-1 to 6, Eul evidence 1, 3, and 4, the images of Gap evidence 1, 3, 4, and 6, and the purport of the whole pleadings;

2. The parties' assertion

A. Defendant B’s summary of the Plaintiff’s assertion is a processing company of unstable chemical substances. As such, the source materials are stored in a storage tank with high heat and durability so that it can not be accumulated or transferred even if a fire occurred, and the chemical substance can be stored at the rapid time at the time of a fire.