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(영문) 서울중앙지방법원 2017.09.19 2016가단5199723
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As between October 6, 2014 and B, the Plaintiff is an insurance company that entered into a comprehensive insurance contract for LIGWB with the content that “from October 6, 2014 to October 6, 2019, the duration of the contract is “from October 6, 2014,” and the content of the coverage is “building, machinery, office equipment, movable property, property, and other compensation.”

B. B was operating a self-production factory under the trade name called “D” which manufactures steel cooling, rice, etc. at the above address. However, around November 4, 2014, at around 08:00, a fire occurred inside a drying machine for the manufacture of steel cooling (hereinafter “the instant drying machine”) and the damage was caused by fire.

C. The Plaintiff calculated the amount of damages due to the damage to the instant drying machine as KRW 32,405,505, and paid KRW 17,000,000 on December 31, 2014 to B, and KRW 15,405,505 on July 15, 2016.

Around December 2009, the Defendant manufactured and sold the instant drying machine to B.

[Reasons for Recognition] Evidence Nos. 1 to 4, Evidence No. 1 to 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the possibility of the fire in this case occurred in the exclusive control area of the defendant who manufactured the dried machine cannot be denied in that the fire in this case occurred in the internal control area of the dried machine, and that the defect in the dried machine is presumed to have occurred. Thus, the defendant is liable for compensating the damage suffered by the victim pursuant to Article 3 of the Product Liability Act, and that the defendant is liable for compensating the damage, and that the plaintiff who acquired the right of indemnity pursuant to Article 682 of

B. First of all, according to the above facts of recognition, the damages caused by the fire of this case are limited to the drying machine of this case.

Product liability is, however, caused by a defect in the manufacturing process, design, or indication of a product or any other defect that is ordinarily expected to cause damage to life, body, or property.

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