방화문 성능불량에 따른 손해배상청구
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasons for the court’s explanation as to the instant case are as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment under Paragraph 2 as to the allegations emphasized or added by the plaintiffs in this court. Thus, this is cited in accordance with the main sentence of Article 420 of the
The part of the 8th 14th 16th 16th 16th 16th 14th 14th 16th 201 is deleted, and the part is "not being able to exclude the possibility of transformation".
“52,889,193 won” of the 17th sentence of the first instance judgment “54,889,193 won” is “54,89,193.
2. Additional determination
A. The plaintiffs' assertion that even a door and a door mold show fire-prevention performance as a whole, the door and a door mold should be replaced in order to secure fire-prevention performance of a fire door.
Therefore, the Defendant bears the burden of proof regarding the fact that the defect is completely repaired due to the replacement of the door even though even though, so insofar as the Defendant did not prove this, the repair cost for the defect of the fire door of this case should be recognized as the repair cost of the entire door and door frame.
B. Determination 1) In the performance test for a test laboratory conducted in the first instance trial, the fire door was judged to have failed to pass the test. The reason for failure to pass the performance test of this case lies mainly in the defect, even though it is reasonable to deem that it was due to the defect. Unlike the above appraisal result or other submitted evidence alone, it is insufficient to recognize the plaintiffs' assertion that there is a defect in the door frame of the fire door of this case. (2) The fire door of this case is a product where the door, even and door mold are composed of a single even one, and its function is performed. However, the door and door framework of the door of this case were manufactured through a separate process in the manufacturing process, and in the case of a door frame, the door door of this case is used.