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(영문) 서울고등법원 2017.09.21 2016나2079930
채무부존재확인
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company manufacturing the electric boiler and the electric temperature water tank. Defendant A is a 1st floor building on the ground located in Suwon-si, Suwon-si (hereinafter “instant building”).

) The owner is the owner of the above building, and the name of SB-040 (hereinafter referred to as “the instant electric temperature”).

(2) Defendant B is a person who has completed the business registration of accommodation with the trade name of Dinsium in the instant building as the place of business, and his mother has operated Dinsium in the instant building.

B. On June 21, 2015, around 00:35, a fire occurred around the boiler room of the instant building, and part of the roof of the Doard’s store was destroyed by a fire (hereinafter “instant fire”). A part of the roof of the E-cafeteria’s store, which was relocated to the immediate next building of the instant building, was removed from the roof of the E-cafeteria’s store that was occupied by a fire, and the items kept in the said store were entirely removed.

(c) On-site inspection results (No. 2); 1) On-site inspection results of the Gyeonggi Provincial Police Agency (No. 2);

A. On the spot (4) On the site, the first emission part of the forest site is presumed to be around the trawer located at the lower bottom of the hot water season, and it is presumed that the heat generated from the electric power source line or the temperature display line connected to the container trawer caused by the heat and flame to the nearby combustible materials due to the heat and flame, and that the fire was spreaded around the front part of the hot water source. On the ground of the statements of the parties concerned, the site was discovered based on the results of the onsite inspection of the 2nd fire fighting station. On the ground of the statements of the parties concerned in charge of the judgment on the point of combustion, the burning type was observed and the burning of the boiler’s boiler out from the outerly installed exclusive boiler was conducted with the roof frame of the building leading to the upper part, and it is presumed that the combustion of the boiler’s boiler out from the exhauster’s vessel is presumed to be a fire that was burned and burned and burned.

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