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(영문) 서울중앙지방법원 2018.05.03 2016가단5277753
구상금
Text

1. The Defendant’s KRW 48,963,267 as well as 5% per annum from April 19, 2016 to December 9, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 24, 2015, the Plaintiff entered into a housing fire insurance contract (hereinafter “instant insurance contract”) between the “A apartment council of occupants’ representatives” and the “A apartment-building council of occupants’ representatives, etc., with the building and the general household cover of the A apartment (B) as the subject matter of insurance, and with the insurance period from August 30, 2015 to August 30, 2016, the housing fire insurance contract (hereinafter “instant insurance contract”). The Defendant was the owner of the said A apartment 107 Dong 702 (hereinafter “instant apartment”) and the owner of the said A apartment 107dong 702 (hereinafter “instant apartment”), and the owner of the insured, the insured, made the creation of an electrical colon (name of HMG 101FGK, hereinafter “instant colon”).

B. From around 2011, the foregoing C continued to use the title and structure of the instant apartment complex after purchasing it, and around 05:00 on February 19, 2016, a fire occurred in the vicinity of the main room of the instant apartment complex, part of the main room of the instant apartment complex, etc. (hereinafter “the instant fire”). Accordingly, the Plaintiff paid KRW 23,637,167 on March 24, 201, and KRW 23,637,637,167 on April 18, 2016 to C, respectively, and paid KRW 168 on April 18, 2016 to the council of occupants’ representatives of the instant apartment complex.

C. On June 1, 2016, C and its wife (D) filed a lawsuit against the Defendant seeking the payment of each of the damages amounting to KRW 74,820,484, and KRW 10,000,00 for each of the damages amounting to the Defendant, as the instant fire occurred due to manufacturing defects in the installations of the United Nations of Security and Security, the Defendant is liable for compensating for damages in accordance with the Product Liability Act’s legal principles.

(Resan District Court 2016Gadan8048). D.

With respect to the claim for damages of C, etc. on May 31, 2017, the court below acknowledged the defendant's liability for damages under the Product Liability Act, deducted the insurance money that C received from the plaintiff, and then "the defendant" (= KRW 22,410,293 won for property damage: KRW 5,00,000 for consolation money), KRW 5,000 for consolation money to D, and each of the above amounts, 5% per annum from June 8, 2016 to May 31, 2017, and 5% per annum for them.

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