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(영문) 대구지방법원 2015.09.10 2013가합205529
채무부존재확인
Text

1. On June 30, 2012, the Plaintiff (Counterclaim Defendant) caused by a gas explosion that occurred in the building E located in the Glangdong-gun, Chungcheongnamdong-gun.

Reasons

1. Facts of recognition;

A. The party-related plaintiff is a liquefied petroleum gas seller who supplies liquefied petroleum gas to a “F restaurant” (hereinafter referred to as the “instant restaurant”) located in the Gyeongbuk-gun, Gyeongbuk-gun, and the building in which the instant restaurant is located, and the defendant B operates the instant restaurant.

B. The structure of the instant building and the Plaintiff’s gas supply 1) are the second floor located in the sloping place. The first floor of the instant building is the underground floor and the opposite floor is the first floor of the ground. The instant restaurant is the second floor of the instant building, and the first floor of the instant building is the residential space in which D’s family lives. 2) On June 30, 2012, the Plaintiff supplied gas by checking that the second floor of the instant building was defective, and then deducted the empty container and connecting the container containing gas to the measuring pipe (the connecting part with the gas container). On June 30, 2012, the instant 1st floor supplied gas by checking that the 20km gas container of the instant building was installed in the 1st floor.

3) One of the 20kg gas containers on the first floor of the instant building is gas containers connected with steel gas pipes, and the remaining one is gas containers connected with steel gas pipes. The Plaintiff’s replaced gas containers are gas containers connected with steel gas pipes. The gas pipe connected with the said gas container is divided into the second floor restaurant of the instant building and the main room of the first floor, and the gas valve was installed separately for each pipe. 4) D transported bread from the first floor to the second floor restaurant for gas use connected with the said gas container by not later than one year after the occurrence of the following accident. Since the instant restaurant was not well-known, it is a gas siren connected with the said gas container in the first floor.

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