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(영문) 서울중앙지방법원 2019.11.27 2017나75929
구상금
Text

1. The part against Defendant C among the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the above revoked part is the defendant.

Reasons

1. The reasoning of the judgment of the court of first instance, except that the third party “the plaintiff” of the judgment of the court of first instance is deemed to be “D,” and the ground for this part is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. At the time of the instant accident asserted by the Plaintiff, the Plaintiff did not have any external shock, and caused the instant accident, just because the fire did not occur.

Singler was normally used at the time of the accident since it was established on September 2014, and it was attached to a high tent, making it difficult for the insured to access.

Therefore, the instant accident occurred in the area under the exclusive control of Defendant B Co., Ltd. (hereinafter “Defendant B”), which is a manufacturing company, and such an accident is ordinarily not attributable to the manufacturer’s fault. Thus, Defendant B, the manufacturer of the singler, did not prove that the instant accident occurred due to any other cause not defect of the product, the manufacturer of the singler, bears the responsibility to compensate for the property damage suffered by D pursuant to the Product Liability Act.

Defendant C (hereinafter “Defendant C”) was at fault of installing a sprinkler at a place less than 15cm away from the air conditioning and fire, and was at fault of not doing so even though it had installed a sprinkler with a higher operating temperature.

Therefore, Defendant C is liable to compensate for the property damage suffered by D due to the incomplete performance of the obligation under the contract agreement entered into with D, and the accident of this case occurred.

Therefore, pursuant to Article 682 of the Commercial Act concerning subrogation by insurers, the Defendants are obligated to pay to each Plaintiff KRW 172,421,757 and delay damages.

3. Determination

(a) an indoor temperature of 1 headingr;

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