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(영문) 대전지방법원 2017.08.31 2015가단222033
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 17, 2014, the Defendant entered into a contract with the Sbig Electricity Korea Co., Ltd. (hereinafter “Sbig Electricity Co., Ltd.”) and the Defendant, setting the supply price of KRW 24.5 million as the supply price, and the period for the performance of warranty against defects as one year after the on-site establishment, under which the Defendant entered into a contract with the Defendant to construct and install mobile housing (hereinafter “instant housing”) on the Seo-gu Daejeon District

B. On February 24, 2014, the Defendant established the instant house and delivered it to the non-party company, and the non-party company completed the registration of ownership preservation on the instant house on September 12, 2014.

C. On January 9, 2015, the Plaintiff purchased the instant house from Nonparty Company, and completed the registration of ownership transfer on the said house on January 23, 2015.

On March 24, 2015, a fire (hereinafter “instant fire”) occurred in the toilet part of the instant housing around 04:55, and the toilets of the instant housing were boomed and destroyed by fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, and the result of the commission of document forwarding to the head of Daejeon Police Station of this Court, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim is that the fire in this case caused the electric heat generated by the electrical power plant installed on the floor of the toilet in the house and the spons generated by the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant.

Therefore, the plaintiff is a creditor of the non-party company who has the damage claim against the non-party company, and exercises by subrogation the rights of the non-party company against the defendant.

3. Determination

A. Fire is the instant house.

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