logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.16 2020나13167
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Facts of recognition;

A. On December 12, 2016, the Plaintiff concluded a fire insurance contract with respect to the E (hereinafter “instant store”) and its interior facilities, fixtures, etc. located in C and Jeju-si (hereinafter “C”) with the insurance period from December 12, 2016 to December 12, 2026 (hereinafter “instant insurance contract”). According to the instant insurance contract, the Plaintiff is obliged to pay insurance proceeds of up to 70,000,000 won in the case of fire damage (facilities), and up to 10,000,000 won in the case of fire damage (house fixtures).

B. On December 4, 2018, around 21:00, a fire (hereinafter “fire in this case”) occurred while a drieder (the model name F; hereinafter “the instant drying machine”) operated in the boiler room of the instant Gabro, which occurred, and the instant drying machine and laund were dissified, and the damage was caused by fire, such as the said drieder and laundry machines, internal facilities, and part of the said building.

(c)

C) A total of KRW 89,587,955 due to the instant fire (i.e., facility damage of KRW 70,693,388) incurred damages of KRW 18,894,567, and the Plaintiff paid KRW 80 million (=fire damage of KRW 70,000) to C according to the instant insurance contract until May 15, 2019.

(d)

H (hereinafter “H”) imported the instant drying machine, etc. manufactured by the Chinese company, and supplied it to the Defendant who promptly sells the instant drying machine, etc. through Internet shopping mall, etc.

C purchased the same product as the instant drying machine from the Defendant, and due to the occurrence of defects, it received an exchange with the instant drying machine around the beginning of 2018, and used it in the instant store.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 6, 7, and 10, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant fire occurred due to the manufacturing defect of the instant drying machine, which was sold by the Defendant under the name of “G”.

① The Defendant is a business manufacturing, processing, or importing products under Article 2 subparag. 3(b) of the Product Liability Act.

arrow