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(영문) 서울중앙지방법원 2015.11.12 2015가단5029803
구상금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running non-life insurance business, etc., and a person who entered into an insurance contract with C that operates a postnatal care center B, as NEW carbon.

B. The Defendant sold the laundry or drying machine to B postnatal care centers.

C. A postnatal care center: (a) kept the drying machine purchased from the Defendant at the laundry room; (b) around September 26, 2014, from around 23:00 to around September 27, 2014, the said period began to be postponed from the drying machine; (c) destroyed all laundrys inside the instant drying machine; (d) the instant drying machine and parts of the finishing materials inside the building were destroyed by fire; and (d) the mother and newborn baby who were in the postnatal care center were evacuated rapidly. The Plaintiff paid KRW 23,81,630 with the insurance proceeds from the damage insurance proceeds from the instant accident. [In the absence of dispute over the grounds for recognition, each entry of evidence No. 2 and No. 3, and the purport of the entire pleadings, as a whole, all pleadings.

2. The parties' assertion

A. Since a fire occurred as a result of the heat from the inside drums inside the drum during the normal use of the drum of the Plaintiff’s assertion, the Defendant shall compensate for the damages incurred therefrom unless the Defendant proves that the drum was caused by other causes, not the defect of the drum.

B. The Defendant’s assertion fire is caused by the instant drying machine’s stop of operation, not by the instant drying machine’s operation, but by the static electricity, etc. of the clothing left within the instant drying machine after the drying.

3. Determination

가. 인정사실 1 2014. 9. 26. 15:50경 B산후조리원 직원 D이 세탁물을 넣고 이 사건 건조기를 작동시킨 후 퇴근하였고, 같은 날 17:35경 또 다른 직원이 이 사건 건조기를 재가동시켜 18:45경 이 사건 건조기의 동작이 멈췄고, 21:30경 B산후조리원의...

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