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(영문) 의정부지방법원고양지원 2016.09.22 2015가합2485
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged as either a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence 1-8 (including paper numbers; hereinafter the same shall apply) and the entire purport of the pleadings:

(1) The Plaintiff is a corporation established for the purpose of construction, such as fire-fighting equipment, and the Defendant is a manufacturer of fire-fighting equipment products.

(2) From 2007 to 2009, the Plaintiff received from B (mutual name: C the Defendant’s products from the head of the gas station in Gwangju apartment. The Plaintiff was installed on the fire station in Gwangju apartment.

(3) From among the places where the above product was installed, a person who suffered water leakage (hereinafter referred to as “instant product”), and the Plaintiff, from November 2009 to March 2015, 341,825,000 won, carried the defect repair, drawing, etc.

2. The gist of the Plaintiff’s assertion was that the instant products were not originally prepared, and that they should have been used as O-type rubber material strawing, and that the Plaintiff generated water leakage in the construction part due to manufacturing and design defects using O-type lectan strawing, D-type rubber material strawing, etc. Accordingly, the Plaintiff, as the contractor, spent expenses for repairing defects, etc.

Therefore, the Defendant is liable to compensate the Plaintiff for damages caused by the defect of the instant product pursuant to Article 3(1) and Article 2(2) of the Product Liability Act as a manufacturer.

3. (1) The main sentence of Article 2 Subparag. 2 of the Product Liability Act defines the product in question as “defects” any defect in manufacture, design, or indication, or any other defect that ordinarily lacks safety.

Each item of the same subparagraph as a specific type is "(i) manufacturing defect: the product is manufactured or processed differently from the original intended design so that safety is not ensured; (ii) the design defect is not safe due to the manufacturer's failure to adopt a reasonable alternative design; (iii) the product is indicated.

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