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(영문) 서울중앙지방법원 2019.06.19 2018가단5065978
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. Facts of recognition;

A. The relation 1) The Plaintiff is a corporation D (hereinafter “foreign company”).

(B) The F insurance contract under which the building and machinery (factory) of the non-party company located in Young-gu, Young-gu E are subject to insurance (hereinafter “instant insurance contract”).

(2) The Defendant Company B (hereinafter “Defendant B”) is the company that manufactures G purchased by Nonparty Company around August 17, 2016 (hereinafter “instant cleaning machine”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the insurer that entered into a contract for product liability insurance with Defendant B regarding the cleaning machine of this case.

B. (1) On December 5, 2016, around 06:35, 2016, the machinery owned by the non-party company on the second floor of the production plant of the non-party company located in Yeongdeungpo-gu E located in Yong-si to clean theme room at the second floor of the production plant of the non-party company located in the non-party company located in the non-party company, the inspection was carried out in the intake studs connected to all of the cleaning equipment of this case, and explosion occurred in the main body of the cleaning machine, and the fire occurred, and the machinery of the non-party company on the second floor of the manufacturing plant was damaged (hereinafter “the accident”).

(2) The non-party company suffered total loss of KRW 1,01,01 as the machinery was damaged due to the instant accident, and the Plaintiff paid KRW 898,024,981 in total to the non-party company, etc. by December 28, 2017 according to the instant insurance contract.

C. As a result of the instant accident, it is presumed that the fire site investigation report was a fire site investigation report (the investigation conducted on December 5, 2016) and the fact that the process of processing Aluminum semiconductor parts inside the cleaning machine of the instant case was conducted, and the conditions for the occurrence of Aluminum dust is formed, and thus, it is presumed that the Aluminum dust dust, which flow into the inside of the cleaning machine of the instant case, was a dust explosiond fire after the launchinging by the sprink which occurred inside the cleaning mortar, while being floating inside the cleaning machine. 2).

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