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(영문) 서울중앙지방법원 2017.10.31 2016가단5197239
구상금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. 1) The relationship between the parties, etc. 1) E is a general restaurant (hereinafter “instant restaurant”) with the trade name “G” on the first floor of the building located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City F.

(2) On November 16, 201, the Plaintiff entered into an I contract with H with respect to the instant restaurant and house fixtures facilities with the coverage period from November 16, 201 to November 16, 2016, with respect to the total purchase amount of KRW 115,00,000,000.

3) Defendant D Co., Ltd. (hereinafter “Defendant D”)

) The air conditioners and shock cases (hereinafter referred to as “instant air conditioners”) are subject to display and sale of alcoholic beverages provided by Defendant D to E.

(4) On the other hand, Defendant B is a company asserting that the Plaintiff was a manufacturer of the instant coolant, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurance company that concluded a liability insurance with the said Defendant B.

B. On November 9, 2013, around 05:15:15, around November 9, 2013, the instant fire occurred and the cause of combustion, etc. (i) the instant restaurant’s fire (hereinafter “instant fire”).

(3) According to the fire phenomenon investigation report of this case, the fire of this case is the main outlet and the part where the air conditioners of this case are installed may be limited to the air conditioners of this case and its surrounding areas. However, it was determined that the air conditioners of this case, installed in the air conditioners of this case, did not distinguish the characteristics that can be seen as the shape or chemical factors of the air conditioners of this case. 3) The air conditioners of this case, which were installed in the air conditioners, are unable to confirm the manufacturing date, etc. due to fire, because the manufacturing date, model name, and manufacturing number were damaged. The defendant D stated that the air conditioners of this case are known to the JJ, which conducted the damage assessment of the fire of this case, as Defendant B’s telegraph.

C. The Plaintiff is obligated to pay insurance money to E for losses incurred to the instant building due to the instant fire, subject to damage assessment.

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