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(영문) 서울중앙지방법원 2020.05.20 2018가단5122284
구상금
Text

1. The Defendants jointly share KRW 47,519,002 with respect to the Plaintiff and the period from January 11, 2017 to May 20, 2020.

Reasons

1. Facts of recognition;

A. On April 15, 2016, the Plaintiff is an insurer that entered into an apartment fire insurance contract (hereinafter “instant insurance contract”) with the content that, with respect to the subject matter of the insurance and the amount of the insurance coverage regarding the five buildings and their affiliated buildings of Seo-gu Incheon, Seo-gu, Incheon (15 stories) (hereinafter “instant apartment”) from May 31, 2016 to May 31, 2019, the insurance period is determined as follows. The Plaintiff is an insurer that entered into the instant apartment contract with the content that compensates for losses caused by fire, explosion, or explosion in the instant apartment (hereinafter “instant insurance”).

B. The damages covered by the Plaintiff under the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

C. Defendant B (hereinafter “Defendant B”) is a person engaged in the manufacture and sale of electric machinery, etc., and Defendant D Co., Ltd. (hereinafter “Defendant D”) is an insurer who entered into a product liability insurance contract with Defendant B.

around 13:00 on October 31, 2016, the kimchi cooling house used by F in G-dong H of the instant apartment house owned and residing by F, and Defendant B manufactured and sold.

B. The air conditioners of this case (hereinafter “instant air conditioners”)

(A) A fire presumed to have been caused by electrical factors has occurred in the apartment G Dong-dong and its interior materials, G Dong-dong, G Dong-dong stairs and corridor parts, G Dong-dong elevator parts, and G Dong-dong elevator damages by hand, by fire or by water (hereinafter referred to as “instant fire”).

E) The appraisal content of the instant fire is as follows. F. The Plaintiff paid KRW 79,198,338 of the insurance money related to the instant fire on January 10, 2017, which was calculated on the basis that the damage incurred to the subject matter of the insurance due to the instant fire was as indicated in the separate sheet. [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1 through 3, 14, 15, and Eul’s evidence No. 1 (including each serial number; hereinafter the same shall apply), and the purport of the entire pleadings.

2. The parties' arguments.

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