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(영문) 광주지방법원 2014.02.20 2013가합55821
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 25, 2010, the Plaintiff purchased the KHF-35 hybrid (hereinafter “instant boiler”) manufactured by the Defendant Company from the Defendant B, which operated the Defendant Company’s agent (hereinafter “Defendant Company”).

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

C. On November 14, 2012, the Plaintiff requested the Defendant Company to provide services to the circular pumps of the boiler of this case. Defendant C, which operated the Defendant Company’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 was 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 appraisal report of March 18, 2013 by the National Scientific Investigation Institute, which appraised the circular pumps, hulls, connection pipes, etc. of the boiler of the instant case, was not identified with the electrical characteristics, such as the shots, etc. from the boiler pumps code, and the fire of the instant case, such as the stoves or mechanical embars, etc. inside the boiler pumps of the instant boiler pumps of this case.

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