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(영문) 서울중앙지방법원 2020.07.15 2019나72429
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 1, 2018, the Plaintiff is an insurer who entered into a comprehensive apartment insurance contract with the Gwangju Seo-gu D apartment (hereinafter “instant apartment”) and the insured with the council of occupants’ representatives regarding the instant apartment and the insurance period from October 1, 2018 to October 1, 2019.

B. The Defendant is a manufacturer of M.O.F (a machinery used for power measurement in combination with M.O.F., which used in the instant apartment. PT and Daejeon, which convert high voltage into low voltage into low voltages, are put in a single case device, and an urgent instrument change is made; hereinafter “instant object”).

C. On October 8, 2018, at around 03:00, the instant apartment complex was destroyed by the CBC (such as a short circuit, breaker, and transformerr, in a steel container, and attaching an opportunity to lids) of the instant apartment complex. The instant apartment complex was destroyed by a fire that damages CCTV camera, elevator camera, and heavy power source supply device (hereinafter “instant fire”).

On April 25, 2019, the Plaintiff paid KRW 4,160,330 of the insurance money to the council of occupants' representatives of the instant apartment as the insured, under the pretext of damages caused by the instant fire.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the fire of this case occurred due to the defect of the goods of this case, which is installed in the documentary unit in the underground water transformation room of the apartment of this case, and the manufacturer of the goods of this case is liable for damages under the Product Liability Act to the Defendant.

The plaintiff paid insurance money to the plaintiff 4,160,330 won for the damage caused by the fire of this case. Thus, the defendant is obligated to pay the above insurance money to the plaintiff as the indemnity amount and the delay damages for the above insurance money.

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