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(영문) 부산지방법원 2018.05.29 2016가단358365
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a company whose main business purpose is gas boiler manufacturing and selling business, etc., and the plaintiff is the owner of the building of the sand site panel (hereinafter referred to as the "building of this case") in Chungcheong City B.

The Plaintiff completed the instant building on November 19, 2014, and subsequently, decided to install a stove boiler (hereinafter “instant boiler”) on the instant building, paid KRW 2,00,000 to C on October 14, 2015, and around December 2015, the instant boiler was installed.

around 18:00 on January 7, 2016, the Plaintiff was going out from the instant building, and was placed in the boiler, and around 19:20 on the same day, fire occurred in the instant building, and the instant building was entirely laid out.

(2) In light of the fact that the boiler was installed in the instant building and the fire accident was delayed at the time of the instant fire accident, the police stated that the fire potential by the boiler could not be excluded in light of the reporter’s statement, etc., that the instant boiler was installed in the lower part of the housing where the boiler was installed at the time of the instant fire accident.

On the fire site investigation of the fire accident of this case, it presumed the point to be the roof panel in contact with the boiler of this case, and excluded the cause of fire, electrical, mechanical, and gas leakage due to the fire cause, but it did not exclude personal care, which was installed on the shorter distance from the styp of the roof panel, which is a combustible material, and it stated that the styp of the roof panel was first launched due to the styp of the roof panel due to such human care.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, 8, 10, 18, 19 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings, and the plaintiff's assertion of the judgment.

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