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(영문) 서울중앙지방법원 2017.09.27 2016가단5108246
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. On November 29, 2014, the Plaintiff concluded a comprehensive insurance contract with LS Wire Co., Ltd. (hereinafter “ELS Wire”) with the policyholder and the insured with the LS Wire, and with the insurance period from November 29, 2014 to November 29, 2015, with the period of insurance fixed from November 29, 2014 to November 29, 2015, with the old LS Wire’s assets (building, structure, machinery, office fixtures, assets under construction, inventory assets, etc.) located in the old and present factory of LS Cable located in the old and present city of the Corporation.

(hereinafter “instant insurance contract”). (b)

On February 5, 2004, the Defendant entered into a contract on the electric use between the ELS Cable and the old LS Cable Co., Ltd. to supply electricity to the old LS Cable Factory located in 190 ELS Cable.

(hereinafter “instant electric use contract”). C.

On December 17, 2014, around 03:26, the electricity supplied to the apartment factory of ELS Cable was cut down to 0.076 early 47.57%, and the machinery in the apartment plant was temporarily suspended, and there was an accident involving defective products, such as power distribution cables, wire communications cables, and cables produced therefrom.

(hereinafter “instant accident”). D.

The Plaintiff calculated a total of KRW 69,076,341 for damages incurred to ELS Electric due to the instant accident. On October 30, 2015, the Plaintiff paid KRW 68,076,341 as insurance proceeds to ELS Cable, excluding KRW 1,00,000 from the said damages.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3, Eul evidence 2, Eul evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant accident was caused by the Defendant’s negligence on the part of supplying low voltage power without prior notice, which was the power supplier for the ELS Electric Cable, to be KRW 47.57% between the beginning of 076 and that of 47.57% between the beginning of 0.076. As a result, each of the production lines in the old and present factory was temporarily suspended.

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