(영문) 서울중앙지방법원 2016.10.20 2016가단5009974

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(영문) 서울중앙지방법원 2016.10.20 2016가단5009974

구상금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a sales liability insurance contract with the Busan-gu Busan-gu building located B (hereinafter “instant building”) that is operated by the Plaintiff Company A (hereinafter “Nonindicted company”).

B. C leased No. 603 of the second floor and the second floor of the instant building from Nonparty Company, and operated the restaurant (hereinafter “instant restaurant”). On September 3, 2012, around 13:50, the head of the singler (hereinafter “the instant singler”) located in the instant restaurant located in the instant restaurant.

(hereinafter referred to as "the instant water accident". On the other hand, the instant sprinkler was manufactured and sold by the Defendant.

C. The non-party company paid KRW 21.5 million to C as compensation for damages, and thereafter, on September 26, 2012, the Plaintiff paid KRW 21.4 million to the non-party company after deducting KRW 100,000 of the self-paid amount from the above 21.5 million out of the sales liability insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) occurred due to the defect in the heading part of the instant sprinkler, and eventually, the fault of the non-party company that is obligated to maintain and manage the instant restaurant in a state necessary for its use and profit-making, and the negligence of the Defendant that is obligated to manufacture and sell products with stability and durability, resulting in competition between the non-party company and the Defendant, as joint tortfeasor, are liable to compensate for damages jointly with C.

However, since the plaintiff paid insurance money to C and exempted the defendant from liability for damages, the defendant is obligated to pay the amount of KRW 21.4 million to the plaintiff.

(2) The Defendant’s assertion first, the Plaintiff was at fault of the non-party company regarding the instant water leakage accident.

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