손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The status of the parties is the owner of the general wood structure and the second floor detached housing (hereinafter “instant building”) newly built on the Chungcheong-gun C and D ground, and the Defendant B is the company with the purpose of constructing a new house for electric power generation (hereinafter “Defendant B”), and the Defendant Haki Co., Ltd. with the objective of selling boiler manufacturing and selling boiler.
(hereinafter “Defendant Haki”). (b)
Defendant B entered into a construction design agreement on March 3, 2012 with the Plaintiff as to the instant building, and on April 11, 2012, respectively, a construction contract on the instant building (hereinafter collectively referred to as “instant contract”). After completing construction, Defendant B obtained approval for use on November 22, 2012 after completing construction of the instant building. On December 3, 2012, the Plaintiff completed registration for preservation of ownership as to the instant building on December 3, 2012, and kept both furniture and household appliances, etc. inside the instant building.
C. (1) In the event of a fire accident, the Plaintiff and Defendant B purchased 2 boilers ( Model 35S) manufactured and sold by Defendant Hakia for heating the instant building around 2012, when the said new construction was in progress, and brought about the instant building (hereinafter “instant boiler”). However, the Plaintiff and Defendant B purchased 1’s two boilers ( Model 35S).
(2) On December 6, 2012, the instant building was found in order to install the boiler of this case with the Plaintiff, the building director E of Defendant B, and Nonparty F, etc., who entered into a subcontract with Defendant B, around the time of approval for use and registration for preservation of the said boiler. Since around that time, F began with the construction of the boiler in the boiler room attached to the instant building (the location and structure of the instant boiler is the same as the part indicated as the “stove building” in the attached drawing; hereinafter referred to as the “the boiler room”).