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(영문) 서울서부지방법원 2016.04.06 2015가단231736
채무부존재확인
Text

1. In relation to the accident described in the separate sheet, there is no liability for damages against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who manufactures freezings and freezings, and the Defendants are those who operate a restaurant in Seongdong-gu Seoul Metropolitan Government with the trade name of Dcafeterias.

B. The air conditioners specified in the attached list (hereinafter “instant air conditioners”) are the Plaintiff’s manufactured goods (the annual food in April 201), and the Defendants were provided with the air conditioners from August 201 to E, a liquor supplier, and used the instant air conditioners.

C. A fire accident (hereinafter “instant fire accident”) with the same content as that indicated in the attached list was occurred within the above cafeteria. D.

After investigating the scene of the instant fire accident in the Seoul Mine Fire Station, it was presumed that the cause of the accident was stuck into the inner exhauster and the wall mater by heating, and concluded that there was no other fire factors such as fire prevention other than the air conditioners of this case, and that there was no other fire factors such as fire from the air conditioners of this case. The Seoul Sungdong Police Station concluded that there was no other fire factors such as fire from the air conditioners of this case, and that there was no other fire factors such as fire prevention other than the air conditioners of this case, and concluded that there was no other fire factors such as fire damage other than the air conditioners of this case.

E. The air conditioners of this case are presumed to be related to the fire accident of this case as above, but their location is not identified at present.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The parties' arguments and the plaintiff of this court's judgment asserted that the fire accident of this case is not liable for damages under the Product Liability Act.

In order to seek compensation for damages caused by a product by a victim (consumer) to the manufacturer, the fact that the accident occurred in the area under the exclusive control of the manufacturer, and the fact that such accident does not normally occur without fault of any person.

If there is proof of the above facts, ...

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