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(영문) 서울중앙지방법원 2020.05.29 2019가단5250049
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The plaintiff shall bear the litigation costs.

Reasons

1. On February 27, 2018, the Plaintiff entered into a fire insurance contract with a company running an insurance business with the purpose of insurance, namely, D and Busan Dong-gu E and the first floor restaurant, and its accommodation equipment, facilities, and business shutdown damage.

Defendant B, a company engaged in the manufacturing and selling of cooling and freezing-related products, was engaged in manufacturing and selling air conditioners, and Defendant C Co., Ltd is liable for the payment of insurance proceeds in the event that the Defendant C Co., Ltd. is liable for damages to others due to the product of Defendant B.

D was operated in the instant building, but the house and facility were destroyed by fire on May 13, 2019.

The same fire-fighting report, which investigated the cause of a fire, issued a survey to the effect that “the combustion point can be limited to inside the air conditioners manufactured by Defendant B, and the cause of a fire shall be presumed to be a national heat or a fall due to the defect of contact between the connection unit and the end of the air conditioners, in view of the fact that the melting trace of the air conditioners manufactured by Defendant B is distinguished.”

The Plaintiff paid insurance money of KRW 37,644,695 to D in accordance with the fire insurance contract.

[Ground of recognition] Facts without dispute, Gap 1 through 6, purport of the whole pleadings

2. The Plaintiff’s assertion that the fire of this case occurred due to the defect of the air conditioners of this case manufactured by Defendant B, and the Defendant C Co., Ltd. bears product liability against D, and the Defendant C Co., Ltd is the insurer of the Defendant C Co., Ltd., as such liability.

Therefore, the Defendants are obligated to pay the amount equivalent to the insurance money to the Plaintiff who acquired the D’s subrogation right to claim damages.

3. In order to recognize the liability for damages caused by the product defect of the judgment manufacturer, the injured party suffered damage in the state of normal use of the product.

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