손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff as a party is a person who cultivates and sells sweaks in a vinyl house (hereinafter “the instant vinyl house”) installed in the Gangnam-gun B or C’s ground.
The Defendant Dong-dong Green Industry is a company that manufactures the dynamic Fanche spawn (hereinafter “instant spawn”) installed in the instant vinyls, and is the company that installed the instant spawn in the instant vinyls located in the U.S. Co., Ltd.
B. A fire (hereinafter “the instant fire”) occurred in the instant vinyl around 04:00 on March 10, 2015, and as a result, the instant vinyl and the instant vinyl were destroyed by fire, etc., which were cultivated inside the instant vinyl.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, evidence 6-1 to 10 and the purport of the whole pleadings
2. Summary of the Plaintiff’s claim
A. A. The main cause of the instant claim was due to structural defects in the instant exchange wind apparatus itself, fire started from the electric cable connected to the instant exchange wind apparatus, and was expanded to the instant vinyl.
As above, since the fire of this case occurred due to the defect that did not meet the safety requirements to carry with him, the Defendant Eastern Industries, who manufactured the instant exchange wind, is liable to compensate the Plaintiff for the damages caused by the fire, as tort liability under the Product Liability Act or the Civil Act.
B. The instant fire, which is a preliminary claim, is not acknowledged as a structural defect in the instant apparatus itself, shall be deemed to have caused the instant fire to be a violation of the duty of care in the construction of Defendant U.S. Doci-ro, which was installed in the instant vinyl. Therefore, the Defendant U.S. Doi-ro, as tort liability under the Civil Act, is liable to compensate the Plaintiff for damages caused by the instant fire.
3. The primary description; and