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(영문) 서울중앙지방법원 2017.10.12 2016가단5081563
구상금
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 172,421,757 as well as its annual interest from November 28, 2015 to May 4, 2016.

Reasons

1. Basic facts

A. On July 1, 2014, the Plaintiff entered into a non-life insurance contract (hereinafter “instant insurance contract”) that covers “direct property damage, which, as a result of the insured’s purpose, has occurred rapidly and rapidly, within the insurance coverage period D and the insured as of July 1, 2015 (hereinafter “D”).

B. Defendant B is a company that mainly engages in the manufacture and sale business of fire extinguishing machinery, appliances, etc., and is a company that produces spug hedgings operated in the following accidents. Defendant C is a company that mainly engages in spuging construction business. Defendant C is a company that entered into a contract with the Plaintiff and performs spuging construction, including spuging hedgings, around September 2014 at the 1st floor D store in Seo-gu, Seo-gu, Gwangju.

C. On December 5, 2014, the occurrence of an accident that damages products and facilities in the store due to the operation, even if a sprinklerr installed in the store warehouse of the 1st floor insured D located in Gwangju-gu (hereinafter “instant accident”). D.

On November 27, 2015, the Plaintiff paid insurance proceeds of KRW 172,421,757, which is calculated as property damages from the instant accident, to the insured D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. At the time of the Plaintiff’s assertion, the Plaintiff did not have any external shock, and caused the instant accident, just because the fire did not occur.

Singler was normally used at the time of the accident since it was established in September 2014, and it was attached to a high ceiling so it was not easy for the insured to access.

Therefore, the accident in this case occurred in the area under the exclusive control of Defendant B, which is the manufacturing company.

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