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(영문) 대전지방법원천안지원 2017.08.09 2017가단103173
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendant does not exist with respect to the accident described in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and selling electrical appliances, such as drums, etc.

B. Around December 2014, the Defendant purchased the drama (the model name UN-A1500, hereinafter “instant drama”) manufactured by the Plaintiff and used it around that time.

C. On October 7, 2016, the Defendant used the instant drama Budio 402, which is a residence, at around December 7, 2016, and went to work with the electric source code affixed to the contact with it.

On the same day, an accident in the attached list where the Defendant’s bedclothess, clothing, etc. are damaged (hereinafter “instant accident”) occurred due to a fire presumed to be a joint wire in the above room room.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The accident of this case occurred by the Plaintiff Defendant, using the Plaintiff’s equipment as connected to the contact continuously.

The Defendant cannot be deemed to have used the instant drama normally, and since the instant accident occurred under the exclusive control of the Plaintiff, it is not recognized that the Plaintiff is not liable under the Product Liability Act.

B. The Defendant’s instant accident occurred due to the manufacturing defect of the Dr. Therefore, the Plaintiff is liable to compensate the Defendant for the damages incurred by the Defendant due to the instant accident pursuant to the Product Liability Act.

3. Determination

(a) A manufacturer who manufactures and sells goods shall be liable to manufacture and sell the goods with safety and durability within the expected range in light of the level of technology at the time of their distribution and economic feasibility in terms of their structure, quality, performance, etc., and shall be liable to compensate for damages caused by tort if any defect fails to meet such safety and durability causes damage to consumers;

Supreme Court Decision 75Da2092 Delivered on January 25, 1977

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