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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a fire insurance contract between B and B with the insurance period from December 22, 2014 to February 22, 2016, with D stores with the first floor among the three-story buildings on the ground of Chuncheon City C (hereinafter “instant store”) and the second floor located within the said store, with the purport of compensating for losses caused by fire, and B purchased and operated the instant store with the former business owner on Oct. 2, 2009.
The Defendant is a person who supplied the instant store around October 2009 with electric frying machine manufactured by the Defendant (hereinafter “instant electric frying machine”).
B. B around February 17, 2015, around 15:30, around 15:30, a store was put up for about 50 minutes in the condition of heating electric sprinking machines among the instant store’s business. There was a fire (hereinafter “instant fire”) in the instant store, and the said fire caused damage, such as a fire, etc. in the said store’s house.
C. As to the cause of the instant fire, the fire site investigation report prepared by the Chuncheon fire station stated that “the fire has occurred on the kitchen, the point of a fire has been limited to to to be protruding, and the cause of the fire is presumed to have been developed by a fire due to excessive, naturalation, and naturalation of the spunching machine. The said edible milk is naturally ignited if it is heated above 430·C, and it is presumed that all of it was not obstructed due to the lack of a license for the temperature control of the electric spunching machine, as it does not work properly.”
On the other hand, in the investigation report prepared by Chuncheon Police Station E on the cause of the instant fire, “The result of the on-site identification of a water team and can be presumed to have been first generated in the vicinity of the spunch in the right-hand part of three spunching in the instant store, considering the overall form of burning, the accurate cause is nothing more than anything else.”