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(영문) 광주지방법원 2014.10.30 2014가합52867

채무부존재확인

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 Plaintiff is a company that manufactures and sells electric heat equipment, such as electric sets and hot water sets, and the Defendants asserted that the Defendants suffered damage caused by the fire set forth in Seo-gu, Seo-gu, Seo-gu, 201 Dong 105, which is the Defendants’ domicile, due to the electric ledger manufactured by the Plaintiff.

B. On December 19, 2013, around 19:28, the instant fire occurred, the Defendants reported that the fire (hereinafter “instant fire”) occurred at the 119 Safety Center in the Defendant’s domicile.

This was reported after hearing emergency bells and checking the reception team and the site while the apartment security guard D, at the time, was performing the work of removing snow in front of the apartment file.

C. On December 19, 2013, the fire officers sent out upon receipt of the instant fire report, arrive at the instant fire site around 19:39 on December 19, 2013; the security guards informed of the entrance door password and released the system for correction; and entered the fire site; and the entrance doors and all windows at the time were set out inside.

(2) At the time of the instant fire, the power source location of the electric ledger manufactured and sold by the Plaintiff on the small banks at the time of the instant fire (hereinafter “instant electric ledger”) was ON, and all residents were in the state of going out.

(1) The cause of the instant fire occurred (1) As a result of the internal investigation of the cause of the instant fire, the exterior of the apartment, etc. was damaged due to the extinguishment of the fire, but it was not possible to find out the following factors: (a) the CCTV installed in the apartment; and (b) the suspect suspected of having the possibility of fire prevention was not discovered.

(2) As a result of the appraisal by the National Research and Investigation Institute of Science and Technology of the electric ledger, temperature control devices, main lighting lights, and connecting wires, on the heat line allocated to the burning part of the electric ledger of this case.