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(영문) 서울중앙지방법원 2020.10.23 2019가단5118169

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic facts: around 17:10 on August 10, 2018, part of the ship was burned at the bottom of air conditioners (hereinafter “instant air conditioners”) installed in the window D of Changwon-si and E apartment apartment living room.

The air conditioners of this case are manufactured by the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-6, Eul evidence 1-5 (including provisional number), the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the Plaintiff’s claim are as shown in the annexed sheet.

B. According to the appraisal document (Evidence 6) of the National Institute of Scientific Investigation for the E-Agreement Sheet damage of this case, in light of the fact that the electrical peculiar features relevant to E-Agreement Sheetization (the E-Agreement Sheet damage of this case) are hard to discuss the specific cause of outbreak through the inspection of the appraisal object in an unagravable state, etc., the evidence No. 1-6 alone is insufficient to recognize that the Plaintiff’s fire was caused due to the Plaintiff’s defect in the performance of the E-Agreement, and there is no other evidence to prove otherwise, the Plaintiff’s assertion is rejected.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.