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(영문) 서울중앙지방법원 2014.04.09 2013가단5066013
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. On October 8, 2012, the Plaintiff is an insurer who entered into an automobile insurance contract (hereinafter referred to as the “instant insurance contract”) with respect to a high-sea-owned vehicle cleaning vehicle owned by the high-sea-based red environment (hereinafter “instant vehicle”) where the red environment is in use, and the Defendant is a company operating the automobile repair service business, etc.

B. At around 16:00 on December 13, 2012, the Defendant’s employees B visited a garage in the Red Master Environment 605-2, Youngdong-dong, Seoyang-gu, Seoyang-si and inspected the instant vehicle, and replaced the damaged heading and electric wires with the upper engine functioned to operate the boom of the instant vehicle.

C. Meanwhile, around 10:30 on December 17, 2012, the instant vehicle was partially destroyed due to a fire presumed to have been emitted from the engine room inside the upper engine room (hereinafter “instant fire”) while cleaning the instant vehicle after the Goyang High School located in Goyang-dong 897, Goyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant accident”).

On May 9, 2013, according to the instant insurance contract, the Plaintiff paid insurance proceeds of KRW 74,50,000,000 for the repair cost of the instant vehicle, which occurred due to the instant accident, to C Truck Industry.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-2 through 7, Gap evidence Nos. 1 and 2, witness D's testimony, fact-finding results on the high-sea market of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the fire of this case occurred due to the negligence in the inspection and repair of the vehicle B in light of the fact that the fire of this case was generated at the upper engine room of the vehicle of this case, which was conducted by the defendant's employees B, and the defendant as the user of B, was the above illegal act.

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