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(영문) 서울중앙지방법원 2014.04.30 2013가단5140751
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,524,812 as well as 5% per annum from March 6, 2013 to April 30, 2014.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) Green Damage Insurance Co., Ltd. (hereinafter “Green Damage Insurance”)

(1) On October 26, 2012, the council of occupants' representatives at the council of occupants' representatives of A apartment (hereinafter referred to as "council of occupants' representatives")

B) The apartment organization fire insurance contract (hereinafter “instant fire insurance contract”) with respect to the Seongdong-gu A apartment in Changwon-si as “the owner of the insurance purpose: the head of each apartment, the head of each household of each apartment: the insurance period: from October 16, 2012 to October 16, 2013” (hereinafter “instant fire insurance”).

(2) On May 3, 2013, the Plaintiff was the insurer that entered into a product liability insurance contract with Defendant Cwawa Co., Ltd. (hereinafter “Defendant Cwawa”) under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B. On the instant apartment building No. 110, 1904 (hereinafter “instant apartment”), the toilets manufactured by Defendant Kowawa (hereinafter “the instant apartment”) were installed. On November 22, 2012, a fire (hereinafter “the instant fire”) occurred in the instant apartment building (hereinafter “the instant apartment”). As such, the instant apartment building was destroyed or damaged by the toilets, toilets, corridors, etc.

C. Based on the instant insurance contract on March 5, 2013, the Plaintiff’s insurance policy paid KRW 57,372,470, and KRW 3,502,217 as the total amount of KRW 60,874,687, to B, the householder of the instant apartment, based on the instant insurance contract.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A 1 to 12, the purport of the whole pleadings

2. The parties' assertion

A. Since the instant fire occurred due to the defect in the rainy manufactured by the Plaintiff Coweg, Defendant Coweg, according to the Product Liability Act, Defendant Coweg, and Defendant Coweg, as the insurer of Defendant Coweg, the amount equivalent to the insurance money paid by each Plaintiff.

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