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(영문) 서울중앙지방법원 2021.02.03 2019나27177
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into an automobile comprehensive insurance contract with C, setting the insurance period from December 27, 2014 to December 8, 2015, with respect to the DMW vehicle (hereinafter “instant vehicle”).

2) On November 2, 2015, C left the instant vehicle to the E Service Center operated by the Defendant on the ground of the fact, such as engine drop and instrument warning, etc.

The Defendant’s employees repair the instant vehicle and completed the 30km test operation, and delivered it to C around November 4, 2015.

3) However, there was a fire in the engine room of the instant vehicle (hereinafter “instant fire”) around November 4, 2015, around about 40 minutes after the date on which C had operated the instant vehicle by delivery, and around November 4, 2015, around 19:30, Jinjin-gun, Jinjin-gun, Jinjin-gun.

4) On December 10, 2015, the Plaintiff paid C KRW 62,00,000 as insurance money for vehicle damage caused by the instant fire, and returned KRW 350,000 at the remaining value on January 11, 2016.

(b) The point at which the fire site investigation results in the Gangnam Fire Station: (a) the anticipated fire - the engine room - the possibility of fire - the possibility of fire : the electrical factors : the possibility of fire : the mechanical causes not discovered that there is an exceptional point to be determined as electrical factors, such as the sliding of the engine from the ship line of the vehicle - The mechanical causes are difficult to readily conclude that the repair records alone are likely to cause a fire - gas leakage - The main cause is not found to be readily determined as a mechanic and driver's negligence - The annual cause of expansion is presumed to be a sudden burning of the combustible materials - the causal conclusion

(c) The cause of the outbreak of the Statement of Legal Safety Appraisal of the National Institute of Scientific Investigation: The possibility of the outbreak from the right studio of the engine: The studio is distinguished from the studio in that of the US electric wires assigned to the right studio of the engine, which is likely to be generated due to the electrical Acudio.

(d) the point of origin as a result of a factual inquiry into the FIE: the engine studio right-hand part of the engine - fuel oil, fuel oil, and electricity.

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