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(영문) 서울서부지방법원 2017.05.25 2016나596

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the electrical construction business, and the defendant is a company that conducts the manufacturing business of transformers, etc.

On August 1, 2013, the Plaintiff supplied 75 KVA three units manufactured by the Defendant at the request of the Plaintiff, and performed the replacement work of a changer installed in the building of Nonparty C Co., Ltd. located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On August 12, 2014, one of the above transformers (hereinafter “instant transformers”) occurred (hereinafter “instant accident”).

C. On August 13, 2013, the Plaintiff notified the Defendant of the instant accident, and received one unit of 250KVA voltage from the Defendant without compensation and replaced both the instant change voltage and the remaining two change voltages.

On August 13, 2013, Nonparty S Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) performed construction works for replacing water transformation equipment (hereinafter “construction works for replacing water transformation equipment”) of the instant building, such as automatic high-rises (AS), ruptures (MOF), ruptures (MOF), polys (LA), and COS alliances (hereinafter “instant installation works”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the defect of the transformers of the instant case. Accordingly, the Plaintiff caused damages equivalent to KRW 10,200,000 for the construction cost, thereby compensating the Plaintiff for the said damages in accordance with the Product Liability Act.

(b) A manufacturer manufacturing and selling one product is responsible for manufacturing and selling a product with safety and durability within the scope expected in light of its technical level and economic feasibility at the time of its distribution in terms of its structure, quality, performance, etc., and is not equipped with such safety and durability.

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