beta
(영문) 서울중앙지방법원 2020.11.12 2019가단5153278

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company for the export and import business of electricity, electronic products, parts, etc., and a company for the import and sale of Category C products belonging to an overseas home appliances company, and the plaintiff has been operating the solar Korean traditional marina shop business on the third floor of the D Building in Ansan-si.

B. On November 24, 2017, around 20:24, the occurrence of an unexploded fire (hereinafter “instant fire”) which is specific cause of combustion presumed to have occurred from the inside of the Cracker (hereinafter “the instant dryinger”) purchased from the Defendant and caused damage due to burning and drinking around the area.

C. The relevant authorities’ opinions on the investigation of the instant fire are as follows.

The Gyeongginam Provincial Police Agency of the Donam Provincial Police Agency (No. 6) report on the fire reduction type (Evidence No. 6): An internal combustion in a 3rd floor Mayp site site site of a commercial building; an internal combustion of combustible materials, such as an internal structure, is expanded; an electrical characteristics of an internal structure, etc. are not identified as a result of the appraisal of a dried machine; and the special characteristics related to the combustion in the underground heat line are not identified in electric power supply lines, internal distribution lines, and air exhauster, etc., which can be confirmed as a result of the appraisal of a dried machine; it is deemed impossible to limit the specific causes of combustion in the condition that partial investigation is restricted due to the dried machine's internal fire, and the results of the appraisal of a dried object, and first witness and witness should be determined comprehensively after the investigation. There is no possibility that the electrical factors that can be discovered as a cause of the dried machine can not be identified as a cause of the dried machine.