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(영문) 서울중앙지방법원 2017.09.19 2016가단5241617
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Busan Epira contracted the work of maintaining the sewage culvert of the building A in Busan-gu, Busan-gu, to the Hando Co., Ltd.

Accordingly, around 13:37 on August 26, 2014, the day-to-day employees, such as B, C, D, and E parked F trucks on the first floor of the A building, and carried out the drainage of sewage pipes at a place where approximately 10 meters away from the 10 meters away from the parking lot of the A building, but the fire occurred on the truck loaded.

B. At the time, there were two power generators (Genstar ES-7500 DXS), LPG gas pipes, and plastic containers containing gasoline, etc. manufactured by the Defendant.

On the other hand, the parking lot outer wall and part of the tent on the gate was cut down due to fire, and part of the new gate and the gate of the 2nd floor and the 3nd floor bend floor of the A building was laid down.

C. The Plaintiff, as an insurer who purchased a construction insurance that covers liability for damages, etc. to a third party in connection with the foregoing construction project implemented by Busan Corra, paid insurance proceeds of KRW 332,487,00 in total from February 17, 2015 to June 27, 2017, in order to compensate for damages caused by fire.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 16 evidence, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is the manufacturer of the power plant that caused the fire, and the Defendant is obliged to compensate for the damages caused by fire pursuant to the Product Liability Act. Since the Plaintiff paid the damages to the victims instead of the insurer, the Defendant is obliged to pay the Plaintiff the amount of KRW 332,487,00,04, which is its amount, and the damages for delay.

At the time, the power generator workers used the power generator at the time, put the sleep to the power generator's electrical factors inside, and the fire occurred due to explosion of the LPG gas source.

It can also be seen that the fire occurred in the power generator is found in the melting melting of the inside electric power line.

The fire of the power generator is on the manufacturing of the defendant.

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