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(영문) 서울중앙지방법원 2017.02.09 2016가단5080607
구상금
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an insurance contract with the North-gu A apartment No. 108 Dong 402 (hereinafter “instant apartment”) and the household appurtenances located in the foregoing apartment as the subject matter of insurance. The Defendant Dae-gu Co., Ltd. (hereinafter “Nanan”) is a company that manufactures and sells kimchi cooling, etc., and Defendant M&W Co., Ltd. (hereinafter “MM”) entered into a business liability insurance contract with the Defendant Dae-gu Haan under the special terms and conditions for the damage liability insurance for the products relating to the kimchi franchis manufactured by the Defendant Dae-gu.

B. B residing in the apartment of this case purchased a kimchi cooling house (the model name D-C1825RD, hereinafter “instant kimchi cooling house”) manufactured on August 20, 2002 by the Defendant Daeania on September 12, 2002 and released on September 12, 2002, and has been installed and used in the main bank of the apartment of this case around that time.

C. On November 28, 2015, around 12:01, a fire (hereinafter “instant fire”) occurred in the instant apartment due to a fire that began on the back side of the Kimchi Refash, the lower side of the instant apartment. The wall, ceiling, and ceiling were damaged due to the fire.

The plaintiff above A.

Pursuant to the terms and conditions of the contract, the insurer paid KRW 45,392,266 on March 11, 2016 as insurance money for the damage caused by the instant fire.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1 through 12, Gap evidence 11, Eul evidence 1 and 5, the purport of the whole pleadings

2. Assertion and determination

A. The summary of the parties' assertion 1 The plaintiff asserted that the fire was caused by electrical factors inside the normal use of the kimchi cooling house of this case, and that the defendant Dae Dae-gu, as a manufacturer of the kimchi cooling house of this case, was caused by the fire in accordance with the Product Liability Act or the legal principles of tort liability under the Civil Act.

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