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(영문) 광주고등법원 2015.01.21 2014나11160
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 25, 2010, the Plaintiff purchased KHF-35 Habrid Hybrid B’s boiler (hereinafter “instant boiler”).

B. B around August 25, 2010, installed the boiler of this case at the Plaintiff’s house, and around September 201, the boiler of this case was replaced at the Plaintiff’s request.

C. On November 14, 2012, the Plaintiff requested the Defendant to provide the service that there is any error in the circular pumps of the boiler of this case. Around November 14, 2012, C, which operated the Defendant’s agency, inspected the boiler of this case and replaced the circular pumps.

On December 22, 2013, at around 20:36, the boiler was launched in the boiler room located in the instant boiler, and the Plaintiff’s fire (hereinafter “instant fire”) occurred at the Plaintiff’s house (hereinafter “instant fire”). As a result, the Plaintiff’s accident occurred.

E. The appraisal of February 27, 2013 by the National Scientific Investigation Institute, which conducted an appraisal of the instant fire site, states that “the point of combustion may be limited to the boiler room inside the boiler room, and the possibility of emitting the boiler due to heat accumulation and the possibility of emitting the boiler due to electrical factors inside the boiler cannot be ruled out as a result of the appraisal, and the electrical characteristics of the boiler inside the boiler cannot be known as a result of the examination.”

F. The written appraisal of March 18, 2013 by the National Scientific Investigation Institute, which appraised the circular pumps, fleets, connection pipes, etc. of the boiler of this case, stated that “the electrical characteristics, such as the shots, etc., were not identified from the boiler pumps code of this case, and the special features, such as the shots, were not identified from the stoves inside the boiler pumps of this case, and that the stoves inside the boiler pumps of this case were not identified as being related to the outbreak of the fire of this case, such as the stoves or the stokes by mechanical ma.”

【Ground of recognition” has no dispute, Gap 4 to 7 evidence, and Eul.

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