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(영문) 창원지방법원마산지원 2015.05.15 2014가합1423
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s damage liability against the Defendant does not exist with respect to an accident listed in the attached Form.

Reasons

1. Basic facts

A. The plaintiff is a person who manufactures heating products, and the defendant is a person who cultivates prina.

B. On November 201, 201, the Plaintiff sold heating pipes produced by the Plaintiff to the Defendant, and installed string pipes within 20 meters in width and 100 meters in length in each greenhouse of the size of 100 meters in length in Gyeong-gun C, Gyeong-gun, Gyeongnam-gun, where the Defendant cultivated Pacifica.

The string pipe installed at the wall surface of each of the above plastic greenhouses, which is installed at the temperature of 130°135°135° and the string pipe installed between the inside and outside ditches, shall have the temperature of 60°65°65 degrees high.

C. On November 18, 2012, around 06:00, one of the vinyls as indicated in the foregoing paragraph (b) (hereinafter referred to as “instant vinyls operation”), was fireed in the instant vinyls, and the vinyls, where fire did not occur, were fireed in the instant vinyls operation.

(hereinafter "the fire of this case"). [The grounds for recognition] Gap evidence 1 to 3, Eul evidence 1, Eul evidence 3, Eul evidence 4, witness D's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant fire was not caused by the defect of the hosting pipe, but caused by the Defendant’s installation adjacent to the pipe of vinyl or its water form, or by the cause of the third.

Therefore, the Plaintiff did not compensate the Defendant for damage under the Product Liability Act with respect to the instant fire, and as long as the Defendant contests this, the Plaintiff has a benefit to seek confirmation.

B. The Defendant asserted that each of the instant vinyls installed a string pipe inside each of the instant greenhouses, and that an electrical or more of the electric power pipes occurred more than ten times for about one year until the instant fire occurred, and the Plaintiff was merely responding to the replacement of the string pipe or replacement of the string pipe at each time.

The instant fire is the Plaintiff.

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