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(영문) 서울중앙지방법원 2017.02.16 2015가단5343899
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into a property comprehensive insurance contract with A (hereinafter “Nonindicted Company”) for the period of insurance from January 1, 2013 to January 1, 2014 with respect to buildings, goods, fixtures, etc. located in Suwon-si District B, and the Plaintiff is a company that manufactures air conditioners (CX-205F) for air conditioners (hereinafter “instant air conditioners”). The Defendant is a company that manufactures the instant air conditioners installed in the first floor mobile width of the building.

B. On July 1, 2013, around 22:53, a fire occurred in the vicinity of the air conditioner of the instant case, and the mobile phone stored in the instant building and mobile copon, etc., causing a negative and flood damage.

[Ground of recognition] Facts without dispute, Gap 1 through 9, purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff paid the same money as the claim stated in the non-party company with the insurance proceeds from the instant fire.

However, the fire of this case occurred due to the combination of the internal cables of the air conditioner of this case manufactured by the defendant, and the defendant bears product liability for the non-party company, and thus, the plaintiff is liable to pay the insurance money and damages for delay paid to the plaintiff.

3. Determination

A. A manufacturer who manufactures and sells a product subject to product liability is liable to manufacture and sell a product with safety and durability within the expected range in light of its technical level and economic feasibility at the time of its distribution in terms of its structure, quality, performance, etc., and is liable to compensate for damages caused by defects not meeting the safety and durability.

In order to impose liability for damages on a manufacturer of goods, it is inevitable that the existence of the causal relationship between the existence of the defect, the occurrence of the damage, the occurrence of the defect and the occurrence of the damage should be premised.

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