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(영문) 서울서부지방법원 2020.01.17 2019나36954
냉장고대금반환
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On July 13, 2018, the Plaintiff purchased air conditioners (D; hereinafter “instant air conditioners”) manufactured by the Defendant in KRW 1,499,000 from Co., Ltd. (hereinafter “C”) (hereinafter “C”).

(hereinafter “instant sales contract”). B.

On July 21, 2018, the Plaintiff was delivered with the instant coolant, and there was a defect in the cooling function in the instant coolant.

C. Meanwhile, the Plaintiff’s air conditioners (Defendant products) already used while installing the instant air conditioners upon delivery, through E Co., Ltd. (E), a delivery company of the instant air conditioners (hereinafter “E”).

After that, the plaintiff revoked the sales contract of this case and received 1,49,000 won from C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, and the purport of the whole pleadings

2. The Plaintiff alleged that the Defendant manufactured and sold the cooling house of this case, which was defective to the Plaintiff, and stored food in the cooling house of this case, and caused injury to the Plaintiff. The Defendant collected the Plaintiff’s existing cooling house, thereby causing damage equivalent to the price for the previous cooling house, and the Plaintiff suffered mental suffering due to the Plaintiff’s failure to operate the cooling house properly. Therefore, the Defendant is obligated to pay the Plaintiff the damages equivalent to the amount of the preexisting cooling house of 3,00,000 won, and damages equivalent to the amount of the food cost of the injury to the Plaintiff (= KRW 6,600,000,000,000,000,000) and damages for delay.

3. Determination

A. Product liability doctrine is a liability for damages to a manufacturer, etc. in the event of damage to life, body, or property other than the product itself due to a defect in the ordinary expected safety of the product. Damage incurred to the product itself due to the lack of product suitability is subject to product liability.

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