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(영문) 전주지방법원 2016.06.01 2015가합2101

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The Plaintiff is a company that produces and sells bicycles and electrical bicycles, and the Defendant is a company that manufactures and sells solar power equipment, fuel cells, etc.

B. On January 6, 2015, the Plaintiff ordered Lithium luthium for electrical bicycle to the Defendant on February 27, 2015, and supplied six of them to the “C” store located in Mapo-gu Seoul, which the Plaintiff operates (hereinafter “instant store”).

C. On March 1, 2015, employees D, who worked for the instant store, conducted a preliminary shock test with respect to six of the said distribution complex, and among them, reported this fact to E representative director E and added two of the said distribution complex on the books inside the instant store, by measuring the voltage of 40.03v and 40.02v, which are not normal voltage (41.8v).

On March 1, 2015, at the instant store, a fire (hereinafter “the instant fire”) occurred on March 1, 2015, resulting in the burning of the interior equipment and facilities, and the Mapo Police Station that investigated the fire was presumed to have occurred from the electric product that was used in the vicinity of the fence in the instant store.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 9, 13 through 23, argument of the parties to the whole pleadings

A. According to the gist of the Plaintiff’s assertion and the findings of the Mapo Police Station’s investigation, the fire of this case began at the port of this case and expanded to the burial of this case. Since the fire of this case occurred due to the defect of the ship of this case, the Defendant is liable to compensate the Plaintiff for damages caused by the fire of this case as the seller of the ship of this case, as the product liability or tort liability under the Product Liability Act, and ② the seller of the ship of this case, as the seller of the ship of this case, due to the defect liability or incomplete performance.

B. The defendant's assertion.

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