beta
Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff A”) is an air conditioner manufacturer. Plaintiff B Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is an insurance company that entered into a liability insurance contract with Plaintiff A. The Defendant is an insurance company that entered into an unmanned security contract with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with Nonparty Co., Ltd. as the insured.
B. On March 16, 2016, the instant fire and the Defendant’s payment of insurance proceeds entered into an unmanned security contract with the non-party company for a fixed period of one year with respect to the F factory it operates (hereinafter “instant factory”). From around 00:00 on August 8, 2016 to 08:20 on the air conditioners in the instant factory (which was manufactured and released on April 2, 201 by the Plaintiff; hereinafter “instant air conditioners”) destroyed buildings, machinery, equipment, etc. with a total amount of 30,868,797 won.
(hereinafter “instant fire.” The Defendant paid KRW 2,342,446 of the instant fire to E on October 6, 2016 according to the insurance contract with the non-party company as insurance proceeds.
(s) 28,526,361 Won was paid by G corporation according to factory fire insurance separately purchased by E.
The defendant's lawsuit of indemnity and the final decision of performance recommendation made on November 2, 2016, on the premise that the fire of this case occurred due to the defects in the cooling house of this case, the Seoul Central District Court filed a lawsuit of indemnity payment with the Seoul Central District Court (2016Gaso685104). The above court decided on November 2, 2016 that "the plaintiff jointly and severally paid 2,342,446 won to the defendant and the amount equivalent to 5% per annum from October 7, 2016 to the final delivery date of the copy of the complaint of this case, and 15% per annum from the next day to the day of complete payment." The above decision became final and conclusive around that time.
hereinafter referred to as "the case."