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(영문) 인천지방법원부천지원 2015.10.28 2015가단102165
채무부존재확인
Text

1. The Plaintiff’s liability for damages against the Defendant regarding an accident listed in the separate sheet does not exist.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the manufacturing and selling of electric appliances, manufactured electric mixturess (HMF-900).

B. On October 6, 2014, around 11:20, the apartment of this case was set up on the bottom side of the main container of Kimpo-si B apartment No. 218, 703 (hereinafter “the apartment of this case”). A fire that was manufactured by the Plaintiff and used by the Defendant (hereinafter “the instant apartment”) was destroyed due to an unknown cause in the vicinity of the mixture that was used by the Defendant (hereinafter “the instant apartment”). The inside of the instant apartment was destroyed by fire.

(hereinafter referred to as the "accident of this case"). [Grounds for recognition] The entry of evidence A Nos. 1 through 11, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The accident of this case occurred in a situation where the defendant used the mixture of this case in an abnormal manner, and it cannot be deemed that the accident of this case occurred in the exclusive control area of the plaintiff. Thus, the plaintiff does not bear product liability related to the accident of this case. 2) The accident of this case occurred in the situation where the defendant used the mixture of this case normally, and occurred in the exclusive control area of the plaintiff. Thus, the accident of this case occurred in the situation where the defendant used the mixture of this case, and the accident of this case occurred in the exclusive control area of the plaintiff. The plaintiff is liable to compensate the defendant for damages arising from the product liability related to the accident of this case. 14,824,815 won [3,816,775 won [20,100,719 won [the damage restoration expenses for apartment buildings and removal expenses for remaining objects under the Adjustment Table] 1,690,457 won (damage disposal expenses and fire disposal expenses), 17,904, 1000 won (1000 won]

B. Determination 1) The Defendant, on October 16, 2014, is between 08:00 to 08:30,000, which is the day of the instant case.

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