손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Around August 30, 2019, the Plaintiff entered into a contract with C Co., Ltd. to construct a second floor hanok building (hereinafter “instant building”) on the D’s land owned by the Plaintiff, setting the construction period of KRW 300 million, from August 30, 2019 to November 30, 2019 (round November 28, 2019, the construction period was changed to February 29, 2020).
B. On November 15, 2019, when the Plaintiff newly constructed the instant building, the production and construction of the machinery with the machinery shall be entrusted to another business entity with the construction of the machinery in question, and the construction of the machinery shall be conducted with the machinery manufactured and sold by the Defendant, and KRW 17.5 million was paid to the Defendant. On November 18, 2019, the Plaintiff received delivery of the machinery from the Defendant, and completed construction with the machinery manufactured and sold by the Defendant on the roof of the instant building on November 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. On December 17, 2019, around 100, the Plaintiff’s assertion that the water leakage occurred from the roof of the instant building, which was about about 10 meters of rainfall, and as a result, the Defendant’s investigation into the causes of water leakage revealed that the quality of the machinery manufactured and sold was unequal with the machinery produced and sold by the Defendant.
In order to supplement and replace defective skills in quality, expenses of KRW 3,001,029 are required in total, including KRW 477,917, KRW 223,112, KRW 300,00, and KRW 3,001,029.
Therefore, the defendant is obligated to pay the plaintiff the above 3,001,029 won and damages for delay due to defects in the flag manufactured and sold by the defendant pursuant to Article 3 of the Product Liability Act.
B. As to the manufacturer's liability for damages caused by defects of the product, protecting the victim and contributing to the improvement of safety in people's lives and sound development of the national economy.