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(영문) 서울중앙지방법원 2015.11.30 2015가단5090690
구상금
Text

1. The Defendants jointly committed against the Plaintiff KRW 40,692,318, and KRW 15,00,000 among them, as from September 6, 2014, and KRW 25,692.

Reasons

1. Basic facts

A. On August 15, 2014, around 03:35, the air conditioners (hereinafter “instant building”) located in the 3rd floor hot springing room (which was jointly used by Company B and C offices) of Made-si, Gyeonggi-do (hereinafter “instant building”) located in the air conditioners (hereinafter “instant air conditioners”) adjacent to the front lower lower part of the air conditioners connected with the air conditioners (hereinafter “instant air conditioners”). A fire occurred from the inner distribution line connected to the air conditioners of Made-B2421O; hereinafter “instant air conditioners”).

(hereinafter “instant fire”). B.

The fire in this case was extinguishing by a fire brigade called up after receiving a report 119, but the fire in this case occurred due to the loss of and serious pollution by the fire brigade B, C, and the house straws, etc. in those offices.

From August 26, 2011 to August 26, 2016, the Plaintiff paid KRW 40,692,318 of the aggregate amount of KRW 30,000,00,00 as the insurance money for the instant fire, as the insurer that concluded the fire insurance contract covering damage caused by fire and fire-fighting liability. From August 26, 201 to August 26, 2016, the Plaintiff paid KRW 40,692,318 of the instant fire as the insurance money for the instant fire.

C. The air conditioners of this case are products manufactured in 2009 by the Defendant East Electronic Co., Ltd. (hereinafter “Defendant East Electronic Co., Ltd.”).

Meanwhile, Defendant Eastern Fire Insurance Co., Ltd. (hereinafter “Defendant East Fire”) is an insurer who has entered into a product liability insurance contract with Defendant Eastern Fire Electronic Co., Ltd.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant Dongdong Electronic is the manufacturer of the instant coolant, and is liable for damages under the Product Liability Act, and the Defendant Dongdong Fire is the insurer who directly entered into a contract with the Defendant Dongdong Electronic Liability Insurance, and is liable for damages caused by the instant fire. As such, the Defendants jointly exercise the insurer’s right of subrogation and jointly paid to the Plaintiff.

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