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(영문) 대전지방법원 2014.08.14 2013가단211947

채무부존재확인

Text

1. Regarding the accident described in the separate sheet, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures electric sets as a company that runs the manufacturing and wholesale business of electric sets, wholesale business, retail business, etc. The Defendants are the inheritors of D who died from fire (hereinafter “the deceased”).

B. On March 29, 2013, at around 16:15, the deceased died on April 11, 2013 due to the instant fire, when he was locked with the electric sets produced by the Plaintiff (hereinafter “instant electric sets”) at the inside bank of Daejeon Dong-gu, Daejeon, 103 Dong-gu, and 102 inside the inner bank of Dong-gu, Daejeon.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 2, Eul's evidence 10 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Defendants asserted that the fire of this case occurred due to the manufacturing defect of the electric set of this case. Thus, they asserted that the Plaintiff is responsible for compensating the deceased and the Defendants for the damages caused by the fire of this case. Accordingly, the Plaintiff asserted that the fire of this case was caused by other causes than the extinguishment of the electric set of this case itself, and even if the electric set of this case was created, it was not the manufacturing defect but the negligence for the deceased's use was involved.

B. We examine the principal lawsuit and counterclaim together.

1) The existence of liability for damages is recognized (1) The content of the appraisal document dated April 8, 2013, which is based on the Lee Jae-won, among the National Scientific Investigative Research Institute, is as follows.

2. Review:

(d) Therefore, if the electric source code of the electric ledger is located on the right side of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part of the bend part