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(영문) 서울중앙지방법원 2015.04.28 2013가단5140980
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The grounds for the plaintiff's claim are stated in the annexed sheet.

B. Comprehensively taking account of the respective descriptions and the overall purport of pleadings by Gap 2 through 8 (including paper numbers), the fact that a fire (hereinafter “instant fire”) occurred in a restaurant in Jinju-si B operated by Jinju-si (hereinafter “C”), around April 9, 2013, and the fact that a fire-fighting unit in the extinguishing of the instant fire, which caused the Defendant’s sprinking (hereinafter “sprinking”), to which the instant fire occurred, can be acknowledged that the instant fire-fighting unit was overheated to be protruding, which caused the instant fire to the effect that the instant fire was destroyed, due to such reasons as the temperature of the sprinking of the Defendant’s products (hereinafter “the instant fire-fighting unit”).

However, the following circumstances are revealed by taking into account the aforementioned evidence and Eul 1, Eul's testimony, fact inquiry about the Jinju Fire Station of this court, and the entire purport of oral pleadings: ① a fire may occur in the process of going out or being in operation without turning on fire, and a fire may occur if leaving or being in operation without turning on fire, and there is a warning to the effect that the fire might occur if leaving alone for a long time without turning on fire; ② a warning statement is issued to the effect that the fire might occur due to excessive inside the tank if leaving the tank, if leaving the tank with a light of water or oil without oil, and ② a fire might occur if leaving the bar for a long time without taking on the recommended frying volume or remaining frying, regardless of any defect or defect in the fry, and ③ a fire to the effect that the above frying fire occurred between the court and the frying of this case, ④ a witness to the effect that the above frying fire could occur, without being put on the fry, and the statement to the effect of this case.

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