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(영문) 서울중앙지방법원 2018.02.08 2016가단5142468
구상금
Text

1. The Defendant’s KRW 15,373,422 as well as the Plaintiff’s annual rate from June 6, 2015 to February 8, 2018.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff concluded a fire insurance contract with an Acheon Company (hereinafter “Acheon Company”) as follows:

(hereinafter referred to as “instant insurance contract”) Insurance types: (a) Insurance No. 51260390000, 3) Insurance policyholders: Type 514126039000: (b) Insurance period of insurance (6) No. 1696-10, 1696: August 1, 201 to August 1, 2017; (c) Insurance subject matter / Fire damage (f) fire damage and building (f) by dividing the amount of insurance coverage into the amount of the relevant insurance coverage / Fire damage amount of KRW 450,000,000 (f) fire damage and building (f) non-paid 300,000,000,000

B. On January 23, 2015, around 18:43, 2015, a fire occurred as a luminous route installed in a factory located in an Acheon-si, 1696-10 (hereinafter “the instant luminous route”) was overheatedd.

(hereinafter “the instant fire”). As a result, there was a loss of KRW 30,746,844, such as one flag, sandbler, etc., of the building external wall, sandd location panel and light.

C. On the ground of the fire in this case, the possibility of fire prevention, electrical factors, gas leakage, and human care is all excluded, and the fire was limited to part of the first floor light, and when the internal temperature of the light is 200 when the inside temperature of the light is 200, the employee’s statement that the ionr automatically cut off the light, and the light taken the inside of the light into the form of the neighboring fire by putting the heat into a light by putting the inside of the light into a melter automatic temperature control device, which has been presumed to have occurred.

On June 5, 2015, the Plaintiff paid insurance money of KRW 30,746,844 according to the insurance contract of this case to Acheon Company.

The defendant is a person who has manufactured the light log of this case.

[Evidence Evidence] Uncontentious Facts, Gap 1 to 11, Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant caused the instant fire due to the instant luminous defect, and thus, Article 3(1) of the Product Liability Act.

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