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(영문) 전주지방법원 2021.01.13 2019가단31964

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From October 15, 2018, the Plaintiff, including the purchase and installation of the Plaintiff’s air conditioners, and the occurrence of fire, purchased and installed the F Air conditioners (P/N: 52X6A411-R, type name: G; hereinafter “instant air conditioners”) manufactured by the Defendant from E on October 25, 2018.

After that, around 02:00 on April 25, 2019, a fire occurred in the front section of this case, and the inside of the front section of this case was destroyed, such as a unit of the front section owned by the Plaintiff (hereinafter “the fire of this case”). As a result of the appraisal of “Magic position terminals and distribution lines (electronic contact points and wires connected thereto)” collected at the site of the National Institute of Scientific and Investigative Research, the electronic contact devices themselves do not seem to have any electrical characteristics, and the electric wires connected thereto were found to have been cut off at the two parts of the electric wires connected thereto. The former National Police Agency determined that the fire of this case was the first fire from the inside floor of the main section of the fish control unit of this case, which was excavated from the inside floor of the inside floor of the central police agency of North Korea.”

The distribution line of the Magic position was one of the wires connecting the air unit with the air unit of the air unit of the instant heating and cooling in a way that can be separated.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4-2, Eul evidence Nos. 1, 10-1 and 11-1, the result of inquiry into facts about the National Scientific Investigation Institute, the purport of the whole pleadings

2. Determination

A. As the instant lawsuit, the Plaintiff is presumed to have caused the manufacturing or design defect of the air conditioners of this case. As such, the Defendant is liable for product liability or tort liability, including 59,679,420 won for business facilities, etc. destroyed by the fire of this case, and 27,00,000 won for losses incurred by failure to conduct business for six months.