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(영문) 서울중앙지방법원 2021.02.16 2020나215
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with D (hereinafter “non-party company”) and the Defendant B Co., Ltd. (hereinafter “Defendant”) entered into a building management service contract with respect to the Seocho-gu Seoul E building (hereinafter “instant building”). Defendant C is an occupant who operates the coffee shop (hereinafter “the instant coffee shop”).

B. On January 25, 2016, a singr set up in the ceiling of the instant coffee shop led to a water leakage. On the other hand, water flows into the G point of the non-party company located on the right side of the said coffee shop (hereinafter “instant convenience store”), and the facilities and movables inside the shop were flooded (hereinafter “accident”).

On August 3, 2016, the Plaintiff paid KRW 15,556,089 as the amount of damages arising from the instant accident to Nonparty Company.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 5, Eul evidence Nos. 2, 8, and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant Company, as a controlled entity of the instant building, neglected to check in advance the sprinking facilities of the instant building and take appropriate measures to prevent the sprinking accident, thereby causing damage to the Nonparty Company due to the instant accident.

Defendant C, as the possessor of the store where the same wave occurred, was obligated to manage a sprinkler facility so as not to be dynamicd by heating, but neglected to do so, thereby resulting in damage to the owner of the convenience store of this case due to the instant accident.

Therefore, the Defendants are liable to compensate for damages caused by the instant accident pursuant to Article 750 of the Civil Act, and the Plaintiff shall pay the insurance proceeds as seen earlier, and thereby, KRW 15,56,089.

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