All
| TITLE | Seoul Central District Court 2022GaDan5295059 Decided August 18, 2023: Confirmed 【Reimbursement】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 In the case where: Company A, an insurance company, entered into an insurance contract with Party B covering the risk of fire damage to a building, and a fire broke out in part of the above building, so Company A paid Party B an insurance payout, but the cause of the fire was estimated to be an unconfirmed short circuit with an internal wire of the (refrigerant) compressor of a low temperature refrigerator that was used in the above building, so Company A argued that Party C bears liability for damages pursuant to Article 3(1) of the Product Liability Act or Article 750 of the Civil Act as Party C relocated and installed the low temperature refrigerator, and so sought reimbursement for the insurance payout made to Party B, it was held that, since it is insufficient to acknowledge that Party C performed labor to the extent that it could be deemed that Party C added new attributes or values to the attributes or values already possessed by the components of the low temperature refrigerator, including the refrigerant compressor, while relocating and installing the cold refrigerator to the above building, and since the act of relocating and installing the low temperature refrigerator cannot be deemed to constitute manufacturing or processing of a product, the claim for damages under the Products Liability Act cannot be accepted, and since it is difficult to deem that Party C intentionally or negligently relocated or installed the low temperature refrigerator in an unsafe manner, the claim for damages under the Civil Act also cannot be accepted, so Company A’s claims against Party C are without merit. | |
