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(영문) 서울고등법원 2017.07.26 2016나2080992
손해배상
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasons to be stated in this case are as stated in the judgment of the court of first instance, except where the judgment on the defendant's grounds for appeal is added to Paragraph 2. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's grounds for appeal

A. Although there is no proof by the Plaintiffs as to whether the instant accident occurred due to the defect in the installation or preservation of the boiler owned by the Defendant, the lower court determined that the instant accident occurred due to the defect in the installation or preservation of the boiler owned by the Defendant based on the erroneous grounds as follows. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

1) Integrated announcement of the standards for the safety management of urban gas (No. 2005-75 of the Ministry of Commerce, Industry and Energy’s notification August 3, 2005, hereinafter “instant announcement”).

(2) From August 3, 2006, the provision prohibiting the installation of a stove-type boiler, such as a bath and shower stove-type boiler, which was enforced from February 3, 2006, to prevent the stove-type boiler from being cut into the stove-line, was found to be defective in the installation or preservation of the boiler in the instant case, even though the said provision was not applicable to the boiler installed previously since February 3, 2006.2) This case’s boiler, as a forced stove-type boiler, did not need to be installed in the exclusive boiler room, and even if it was not necessary to install a separate ventilation facility, was found to be defective.

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(b) judgment, however, Gap.

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