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(영문) 서울중앙지방법원 2020.09.02 2020나62 (1)
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. D operated the “G store” in Jinju-si E and 1st floor F (hereinafter “instant store”), and concluded a fire insurance contract with the Plaintiff on October 13, 2016 with respect to the instant store on October 13, 2016, the insurance period of which was October 13, 2016 to October 13, 2021.

B. Around October 2016, D purchased gas protruding (a model name: H; hereinafter “instant protruding”) manufactured by Defendant B, and kept it in the instant store.

The Defendants’ assertion to the effect that, in light of the fact that the name of the model “H” is a model name used by Defendant B, it cannot be readily concluded as Defendant B with the statement “B/Korea” and “B” on the back of the cover of the cover of the instant case, along with the statement “B/Korea” and “B” and the phone number of Defendant B, and that it is a model name used by Defendant B.

On the other hand, Defendant B entered into a contract on product liability insurance with Defendant C to compensate for losses sustained by the third party due to the defect in the goods produced by Defendant B.

However, the above insurance contract includes that it does not compensate for damage to products itself.

C. Around 11:00 on January 17, 2017, employees of the store of this case heated all of the sprinkers of this case to be protruding to prepare for business, and around 11:34, a fire due to excessive heat (hereinafter “the fire of this case”) occurred and facilities, fixtures fixtures, etc. inside the store of this case were destroyed.

On May 23, 2017, the Plaintiff paid KRW 15,632,00 (including 1,528,000,000 as inventory assets losses of KRW 6,747,00 (including 1,528,00,00) for loss of business suspension of KRW 1,024,00 as insurance money).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-7, Eul evidence Nos. 1-2 and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff D’s side is protruding at the time of the instant fire.

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