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(영문) 서울중앙지방법원 2019.08.20 2019가단5011848
구상금
Text

1. The Defendant’s KRW 104,804,455 as well as 5% per annum from August 3, 2018 to August 20, 2019 to the Plaintiff.

Reasons

1. On October 15, 2017: (a) around 16:37, the fact of recognition was found that there was an accident in this case where buildings and household tools were damaged by electric heat caused by the sudden destruction by the internal crylate in Article E, a kimchi cooling house in a small bank of Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, and the fire presumed to have been burned into nearby combustible materials, and the fire presumed to have been burned and burned into nearby combustible materials.

The Plaintiff, as an insurer who entered into a housing fire insurance contract with the said apartment owner, spent KRW 209,608,910 as the insurance proceeds from the instant accident until August 2, 2018.

The defendant is an insurer who has entered into a contract for product liability insurance with the non-party company which is the manufacturer of the kimchi of this case.

[Ground of recognition] Facts without dispute, Gap 1 through 3, the purport of the whole pleadings

2. According to Article 7(2) of the Product Liability Act, the right to claim compensation for damages under the same Act shall be exercised within 10 years from the date the manufacturer supplied the product that has caused damage to the manufacturer. According to the description in Section B 1, the instant kimchi cooling was manufactured on September 22, 2003.

9. It can be acknowledged that the facts were released on 24. Then, even based on the Plaintiff’s assertion, the fact that the kimchi cooling house was installed in the instant accident place is around 2007 when 10 years elapsed retroactively from January 17, 2019, which was the date of the instant lawsuit. Thus, there is no room for applying the Product Liability Act to the claim for damages arising from the instant accident.

3. According to the evidence as seen earlier under the Civil Act and the factual relations acknowledged therefrom, the instant kimchi cooling house is deemed to have caused the instant accident by its internal defect even though it was used in accordance with the normal usage. Thus, the Defendant is an insurer of product damage liability insurance contract, and the Defendant is obliged to claim reimbursement against the Plaintiff on behalf of the Plaintiff, who repaid the amount of damages of KRW 209,608,910 arising from

However, the period of use of the kimchi cooling in this case has exceeded 10 years.

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