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(영문) 서울중앙지방법원 2015.10.16 2015가단5040794
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. Basic facts

A. The party’s relationship 1) A from May 2010 to 10, 2010, leased 5 to 7 stories above ground from C, the owner of the building, and operated the D hotel. 2) Defendant Jindo Co., Ltd. (Seoul: Jindo General Construction Co., Ltd.: Jindo Co., Ltd.) newly constructed the above B building after being awarded a contract with C for the construction work on the building. Defendant Minco Co., Ltd is the manufacturer of the singler installed in the above building.

B. The Plaintiff entered into an insurance contract with A with the following content.

Insurance types: Fire insurance policy number: E policyholders and insured: insurance period from November 19, 2013 to November 19, 2014: 800 million won total amount of equipment (5-7th floor) and appliances (5-7th floor): Special Terms and Conditions for General Terms and Conditions for Facilities installed in D hotels on the ground of 5 to 7th floor in the esibic B building in the esibic City (Sing school leakage damage special agreement): Loss caused by water leakage or water spread from sprinklers and their accessory equipment.

C. On December 1, 2014, around 20:59, the occurrence of an accident and the payment of insurance proceeds was made. On December 1, 2014, 2014, the Hague connection Corners, installed in the ceiling of the guest room No. 608 of the said D hotel, were damaged. As a result, the leakage of fire-fighting water, thereby causing damage to the number of houses and fixtures located inside the guest room No. 5 floor, the 6th floor, and the 608 and 501. (2) The Plaintiff paid insurance proceeds to A delegated by C, the owner of which, in accordance with the insurance contract of this case, KRW 21,58,542 on August 22, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4, 5, 6-1, 2, 7, 8-1, 2, and 8-2, and the purport of the premise of pleading

2. The Plaintiff filed a claim against Defendant Mteco, Ltd., as the manufacturer or seller of the issue, is the instant accident.

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