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(영문) 서울중앙지방법원 2016.10.05 2015가단5321837
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2012, the Plaintiff entered into an insurance contract with Equid Korea Co., Ltd. (hereinafter “ALK”) and ALK with the content that guarantees the legal responsibility for third parties arising from products, etc. of ALK.

Insurance Types COMERCAL GENERAL LIBY PAL PALICY (Ⅱ) Securities No. 812027672900000 / Insured Equiquid Korea Ltd. insurance period from July 1, 2012 to July 1, 2013, USD 5,000,000 for self-payment USD 400 for self-payment.

B. After being supplied with Syngas (syngas) by the Defendant as an industrial gas manufacturer and supplier, ALK separates carbon dioxide (CO2), CO2 (CO2), hydrogen (H2), etc. in a female-water plant from the Defendant to return it to the Defendant, and supplies ELV chemical (hereinafter “EL chemical”) via pipes, and ELV chemical produces polybane, using it.

C. On October 21, 2012, around 18:40 on October 21, 2012, there was an accident that caused damage to the production facilities and raw materials of the EL chemical by reactioning with the culnas used by the EL chemical, which contain high concentration mertan (CH4) exceeding the appropriate level to the ELG supplied to the ELG plant.

As a result, damage to raw materials and equipment, and incidental expenses to the re-operation of the factory were assessed to KRW 405,68,00.

On April 30, 2013, ALK paid 300 million won to ELV as compensation for damages. On September 17, 2013, the Plaintiff paid KRW 295,628,791 of the insurance money subtracting self-charges from ALK according to the insurance contract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 5, Gap evidence 8, 11 (including provisional number), Eul evidence 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is nigas, not nalgas, supplied from September 201 to September 2012, which was before the month of the accident without prior notification to ALK.

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