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(영문) 서울중앙지방법원 2017.06.13 2016가단5160350
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. The Plaintiff is an insurer who has entered into a liability insurance contract with the Korea Airport Co., Ltd. (hereinafter “Korea Airport Co., Ltd.”), and the Defendant is a company that imports and sells tyres.

B. Nonparty Company entered into a ground operation agreement with the Incheon Metropolitan City Federation and provided services such as towing of aircraft.

C. On October 22, 2014, in the Incheon International Airport, the non-party company towing an aircraft using a soilcar (hereinafter “the instant soilcar”) with which the Defendant imported and sold typists were installed. While the instant soilcar is towing, while carrying out and moving the towing, the non-party company: (a) caused an accident in which the part, such as the typh, wheel, etc., of the right-to-hand wheels, such as the typh and wheel, destroyed the facilities of the Incheon International Airport provided (hereinafter “the instant accident”; and (b) the explosiond typherc is referred to as “the instant typh”).

A. The plaintiff concluded with the non-party company

According to the insurance contract stated in paragraph (1), 43,562,90 won was paid to the Incheon Metropolitan City Federation as compensation for damages arising from the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred due to explosion due to lack of ordinary safety due to the Plaintiff’s import and sale of the instant timber, and the Defendant is liable to compensate the Nonparty Company for damages caused by the instant accident pursuant to Article 3(1) of the Product Liability Act.

Therefore, the defendant is obliged to pay the indemnity to the plaintiff who discharged the whole defendant by paying the insurance money to the Incheon International Airport.

3. Determination

A. The following facts may be acknowledged in full view of the aforementioned evidence’s entries in the evidence Nos. 1 through 10 and the purport of the entire pleadings.

Without the outside heat source of knowledge related to other fishing explosion, the inside air of other fishing reaches 80 cc.

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