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(영문) 서울중앙지방법원 2019.01.31 2016가단5195356
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an insurance contract with C as follows.

D C E E G F H

B. On November 25, 2015, the Defendant installed a boiler in the Vietnama of the Dongjak-gu Seoul Metropolitan Government Fela (hereinafter “instant Ba”) Gdong H H H, and the boiler installed by the Defendant at the time was a product with a cochching tank (the boiler, an stove Stove Stove, hereinafter “instant boiler”).

C. Gdong H and Gdong I used the boiler installed outside of the previous cognch tank, and each cognch tank was installed in the multilateral bank of Gdong I.

However, as the Defendant newly installed the boiler in Gdong H, it did not use the existing external expansion tank as a result of the installation of the boiler in the instant case, so it was not prevented even though the hot water by blocking pipes connected to the said expansion tank from being flown into the expansion tank.

As a result, on November 29, 2015, there was an accident in which the water of the gra-I-1 and the second floor connected stairs of the gra-1 and the second floor, and the second floor, etc. are flooded and flooded (hereinafter “instant accident”).

The details of the damage suffered by the ownerJ in Gdong I due to the instant accident are as follows.

E. On February 3, 2016, C, the owner of Gdong H, determined the amount of damages arising from the instant accident as KRW 98,00,000, and agreed to pay the said amount by dividing it to J in person, the Plaintiff and K, the duplicate insurer, to pay the amount of damages.

Accordingly, on February 15, 2016, the Plaintiff paid to J KRW 49,00,000 for double insurance contributions.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 8 (including branch numbers in the case of additional number), Eul evidence Nos. 1 and 2, Eul's testimony or video, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the instant accident occurred while the Defendant replaced and installed the boiler of the instant case in Gdong H.

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