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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff leased five floors of the building located in Daegu Suwon-gu, and operated the skin room (hereinafter “the skin room in this case”). The Defendant is a manufacturer of the electric temperature water supply equipment used by the Plaintiff in the skin room in this case (hereinafter “the greenhouse in this case”).
B. On May 1, 2013, at around 00:10, a fire was completely extinguishing at around 00:29 on the date of the occurrence of a fire in the skin room of the instant case.
C. The fire of this case, on the part of the fire of this case, the interior equipment, etc. was destroyed by the interior equipment, etc. of the building, and damages were caused by the fire of this case.
[Ground of recognition] No. 2 of this case, entry of evidence No. 2 of this case, and purport of whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the fire of this case occurred due to the defects of the hot water tank manufactured by the defendant, and the defendant is liable to compensate the plaintiff for the damages caused by the fire of this case as the manufacturer.
The Plaintiff incurred KRW 143,272,088, in total, KRW 132,294,446, operating losses during the construction period, and KRW 10,977,642, in total, KRW 143,272,08, due to the fire in the building and the interior, the interior, house, and fixtures of the skin room in the case of the instant building, and thus, the Plaintiff is liable to pay the damages and its delay damages.
B. Defendant’s assertion 1) It cannot be readily concluded that the instant fire was first generated from the inside parts of the instant hot water machine, and thus, it cannot be deemed that it occurred in the Defendant’s exclusive control area. The manual of the instant hot water machine was not used in a normal manner, such as using the instant hot water machine by linking it with washing machine (it was allowed to be used in connection with the instant hot water machine). Therefore, it cannot be deemed that the instant fire was caused by the defects of the hot water machine.