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(영문) 서울중앙지방법원 2016.11.02 2016가합502444
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff between the parties is a company manufacturing electric boiler and electric temperature waterer. Defendant A is the owner of the Suwon-si C Ground Building in which the electric temperature waterer manufactured by the Plaintiff (hereinafter “the instant electric temperature waterer”) was installed, and Defendant B is a person who runs the lodging business with the trade name of Dricks from the said building.

B. On June 21, 2015, the occurrence of a fire accident occurred around the boiler room of the Drown-domen’s accommodation (hereinafter “instant fire”), the Drick part of the instant building and the roof part of the E-cafeteria part of the E-cafeteria, and the things stored in the said stores were removed.

(c) On-site inspection results (No. 2); 1) On-site inspection results of the Gyeonggi Provincial Police Agency (No. 2);

A. On the spot (4) On the site, the first emission part of the forest site is presumed to be around the trawer located at the front bottom of the hot water season, and it is presumed that the heat generated from the electric power source line or the temperature display line connected to the container trawer caused by the heat and the flame wave spreads around the front bottom of the hot water source, which were stuck to the surrounding combustible materials, due to the heat and flames; 7. On the ground of the statements of the parties concerned in charge of the judgment on the point of shotation, the type of burning was observed by the type of burning around the water-only boiler installed outside the outside of the water boiler which was discovered at the site, and the burning of the boiler’s boiler was observed by the roof frame of the building leading to the upper part, and thus, it is presumed that the burning of the boiler’s boiler was a fire that was being burned and burned and burned and the burning is presumed to have been done as a fire.

8. The examination of the causes of fire in the situation where the boiler rooms are installed outside the building, the weather conditions of the preceding day, and the exposure to the outside, may always be affected by external environment, such as rainwater, and the stoves on the boiler lines may be excluded from the electrical factors.

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