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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, a company running the insurance business, is an insurer who has concluded a contract for product damage liability insurance with the Co-Energy Service Co., Ltd. (hereinafter “instant gas company”), which is an urban gas supplier, and the Defendant is the owner of Songpa-gu Seoul Metropolitan Government building B (hereinafter “instant building”).
B. Around December 200, the Defendant purchased the instant building and leased part of the said building. On August 28, 2012, the first floor of the instant building (hereinafter “instant house”) leased KRW 3 million to C in deposit and KRW 3 million in monthly rent.
C. The instant housing was a studio and a toilet installed with an entrance to its inside, and there was an accident of death of gas temperature boiler (hereinafter “instant boiler”) and an air exhauster and exhauster connected thereto inside the toilet. At around December 28, 2012, C around 16:00, when she was seated in the instant housing toilet, and was presumed to have been leaked from the said exhauster connection department (hereinafter “instant accident”).
According to the accident investigation conducted on January 10, 2013 by the Korea Gas Safety Corporation after the occurrence of the instant accident, the boiler was manufactured in March 1997, and the exhauster and the exhauster connected thereto were used by the operator of an corrosion-resistant steke, which was not a certified product of the Korea Gas Safety Corporation, and a large quantity of gas leakage was discovered in the vicinity of the boiler upper part and the exhauster connection part, and there was a gap in the exhauster connection part.
E. Meanwhile, the safety inspector D of the instant gas company conducted a safety inspection on April 30, 2012 and October 28, 2012 on the boiler facilities of the instant case and judged the suitability.
F. The plaintiff is the gas company of this case.