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(영문) 울산지방법원 2018.04.26 2017가단15026
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On February 25, 2017, at around 15:00, the fact that a fire occurred while the Plaintiff used the electricity ledger manufactured by the Defendant (hereinafter “the electricity ledger of this case”) and the electricity ledger manufactured by the Defendant (hereinafter “the electricity ledger of this case”) on the grounds that the fire occurred (hereinafter “the fire of this case”) does not conflict between the parties.

2. The gist of the cause of the Plaintiff’s claim is that the instant fire occurred due to the defect in the electric sales board of this case. Accordingly, the Plaintiff suffered a serious mental distress as well as causing property damage which bears the liability for reimbursement of KRW 34,600,000 to Hyundai Marine Fire Insurance Co., Ltd., and thus, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 40 million pursuant to Article 3(1) of the former Product Liability Act (amended by Act No. 14764, Apr. 18, 2017) (i.e., KRW 34,60,000 as property damage amounting to KRW 5,40,000 as property damage amounting to KRW 5,40,000) and delay damages

3. In order to be recognized that the instant fire occurred due to the defect in the electric design of this case, at least the Plaintiff’s assertion on a different premise is without merit, to prove that (i) the instant fire occurred while the electric design of this case was normally used; (ii) the instant fire occurred in an area exclusively under the Defendant’s exclusive control; and (iii) the instant fire does not normally occur without the defect in the electric design of this case; (iv) the evidence submitted by the Plaintiff on the following grounds alone cannot be deemed to have established such proof; and there is no other evidence to acknowledge it otherwise.

The Busan Science Investigation Agency of the National Institute of Science and Technology, at the request of the Ulsan District Police Agency, shall conduct an appraisal of the fire of this case, and on March 13, 2017, it is presumed that the upper part of the bed part of the bed part of the bed part, which was located at the contact on March 13, 2017, is presumed to be a bedified part, and electricity is generated from the heat lines, temperature control devices, temperature control devices, and plugs.

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