(영문) 서울중앙지방법원 2020.05.22 2018가단5269572

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(영문) 서울중앙지방법원 2020.05.22 2018가단5269572

구상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2017, the Plaintiff concluded a contract for apartment organization fire insurance and business compensation liability insurance with the council of occupants’ representatives of Songpa-gu Seoul apartment (hereinafter “instant apartment”) with the period of insurance from September 29, 2017 to September 29, 2018.

B. Meanwhile, the apartment of this case was completed around September 2008, and the fifth transformation room (the place where the high voltage flows from the side of the Korea Electric Power Corporation) located on the second floor of the Ddong apartment of this case was installed as a combination of the instruments used by the Defendant (E) for the instruments (E) (hereinafter “the instant devices”) (the apparatus of this case was installed to measure the volume of power by lowering the high voltage and Daejeon with low voltage and low voltage). The apparatus of this case was installed to measure the quantity of power by lowering the high voltage and Daejeon with low voltage and low voltage.

C. However, on October 22, 2017, at the fifth substation of the instant apartment, the fire occurred (hereinafter “instant fire”) and the competent fire station expressed its opinion that the instant device was first launched from the instant device as a result of the on-site investigation into the point of combustion and that it was presumed that the fire occurred around the area.

Due to the fire in this case, the fifth substation of the apartment building in this case was partially damaged, and the home-to-house system (electric power source supply system) was broken out in some households, and the vehicle of the resident parked in the parking lot adjacent to the fifth substation was damaged.

Accordingly, according to each of the above insurance contracts, the Plaintiff paid KRW 92,683,605 in total as insurance money to the side of the council of occupants' representatives of the instant apartment from November 1, 2017 to April 30, 2018.

[Evidence] Facts without dispute, Gap evidence Nos. 1-4-1 to 4-4, the purport of the whole pleadings

2. The Plaintiff’s assertion that the fire occurred due to the defect in the instant devices.

유사 판례

-인천지방법원부천지원 2014.02.14 2011가합4147

-대구지방법원 2015.09.23 2014구합22863

-의정부지방법원 2016.11.18 2015나57226

-대전고등법원(청주) 2015.01.13 2013나20435

-창원지방법원진주지원 2015.11.25 2014가합10918