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(영문) 서울중앙지방법원 2015.01.22 2013가단5176491
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 February 22, 2013, the Plaintiff, who runs an insurance business, concluded a comprehensive property insurance contract with the land (hereinafter “non-party company”) that runs the Noondo-dong 566, Sungdong-dong 566 with respect to the goods and semi-finished goods in the instant marina, KRW 500,000,000, internal facilities, and cold and frozen refrigerating, with a subscription fee of KRW 150,00,000,000, and the insurance period from February 22, 2013 to February 22, 2017.

B. Defendant Aststro Co., Ltd. (hereinafter “Defendant Astro”) produced and supplied six freezing goods used for the storage and display of freezing food (hereinafter “instant freezing goods”) to the instant marina, and Defendant Astro damage insurance Co., Ltd. (hereinafter “Defendant Astro”) concluded an insurance contract with the insurable value of up to 100,000,000 for the product liability that Defendant Astro bears to a third party on the product liability that Defendant Astro bears.

C. On August 12, 2013, around 02:14, a fire (hereinafter “instant fire”) occurred in freezing and around the instant marina, thereby damaging the goods, semi-finished goods, facilities, etc. owned by the non-party company. The Plaintiff paid KRW 90,00,000, and KRW 84,561,631 as insurance proceeds to the non-party company on September 4, 2013.

[Reasons for Recognition] Facts without dispute, Gap's evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s fire occurred in the freezing of this case, and Defendant Aststro did not receive safety certification without drawing heat to the freezing of this case.

Therefore, Defendant Astro is liable for damages under the Product Liability Act by manufacturing and supplying defective freezings, and is liable for damages according to the insurance contract with Defendant Astro, who is assessed against Defendant Astro.

B. The Defendants’ instant case.

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