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(영문) 인천지방법원 2018.05.16 2017가단202233
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the manufacture and sale of finished products in the name of “C”, and Defendant B is a person engaged in the manufacture and sale of nuclear power sets in the name of “D,” and the transfer of nuclear power sets to Defendant C Co., Ltd. (hereinafter “Defendant land”) is a company engaged in the manufacture and sale of heat films.

B. The Defendant land manufactured “heat film” necessary for the heat set of the party platform, and sold it to the Defendant B, and the Defendant B manufactured and sold “heat heat set” using the said heat set to the Plaintiff.

From January 2015 to June 2016, the Plaintiff was supplied with 950 heat sets for the above party platform from Defendant B from January 2015 to June 2016, and was supplied with “Automatic temperature Control Devices” from a third party and manufactured “Automatic Products” and sold them to the nationwide party headquarters.

C. In relation to the finished products sold by the Plaintiff, a fire that occurred in the part of a party room in Seoul E-gu around February 1, 2016 from the head of the Gu, ② around April 26, 2016, from the head of the G Party located in Busan-gu, ③ around November 25, 2016, from the head of the H Party located in Busan-gu, ④ on November 30, 2016, from the head of the I Party located in Ulsan-gu, Busan-gu, and ⑤ on January 30, 2017, from each of the instant fire (hereinafter “each of the instant fire”).

The main contents of the investigation on a fire on November 30, 2016 among each of the instant fire are as follows.

1) A fire site survey report prepared on November 30, 2016, in Ulsan Metropolitan City, Nam-gu, Seoul Special Metropolitan City (hereinafter “instant survey report”).

“Determination of Egrified Points” - Statements by a person concerned: The statement that the temperature control device is in operation at all times to maintain the temperature of the gurmo line – The point of combustion and the point of combustion expansion: The heat line overheatedd with automatic control failure due to defective temperature control system of the guropical area, considering that the temperature control device and the refrativity of the guropical area have been discovered and the system of blocking is concentrated only in the guropic area, which is the point of combustion.

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