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(영문) 서울중앙지방법원 2021.01.20 2019가단5078438
구상금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the F regarding the instant vehicle (hereinafter “instant vehicle”) with the GH vehicle (which was manufactured on April 18, 2008).

The Defendant is a company that imports the instant vehicle from the German head office I, the manufacturer, and sells it in Korea.

B. On October 24, 2017, around 20:30, F: (a) parked the instant vehicle in the instant apartment parking lot J-dong, J, and did not operate it; (b) around October 25, 2017, around 04:45, a fire occurred in the studio of the instant vehicle engine; and (c) the instant apartment and the instant apartment and the instant apartment and the instant apartment were parked in the same parking lot due to the occurrence of a fire; and (b) there was an accident involving minor losses and contamination (hereinafter “the instant fire”).

As a result of the investigation by relevant agencies, the details of the fire site investigation report by the competent fire station concerning the fire of this case shall be as follows:

- The point of origin is presumed to be the first point of origin around the engine room of the instant vehicle. - The cause of origin is that the mechanical and electrical characteristics are not found in the machinery and equipment installed inside the engine room, and electric wires installed inside the engine room, and therefore, it is difficult to conclude the cause of origin of the instant fire that is a cause of a fire that is an unexplodedd by the U.S. C., which is a cause of a fire that is a fire that is an unexploded to the nearby combustible materials, and that the legal safety assessment report by the National Scientific Investigation Institute for the instant fire is as follows.

- Taking into account the fact that electrical characteristics, such as scamtains, are not distinguished from the wires remaining in the vehicle engine studs and indoors, and that the scamtains are distinguished from the electric wires located in the vicinity of the string of fuel in the string of the string of the string of the string of the string of the vehicles, the possibility of first generation in the vicinity of the vehicle fuel in the string of the vehicle fuel may not be ruled out. - When the possibility of generation by human activities is excluded under investigation, the electrical heat or flames generated in the process of forming the scamtains of electric wires emitted around

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