[1] Liability for tort as manufacturer's liability

[2] The case holding that where a fire occurred due to a television internal defect, the manufacturer is liable for tort against the manufacturing company

[1] A manufacturer who manufactures and sells a product is liable to manufacture the product with safety and durability within the expected range in light of the level of modern technology and economic feasibility in terms of its structure, quality, performance, etc., and is liable to compensate consumers for damages caused by defects or defects in safety and durability.

[2] The case holding that the manufacturer is liable for tort against the manufacturing company in case where a fire occurred due to an explosion by the brine due to internal defects inside television presumed to have already occurred at the manufacturing and distribution stage

Article 750 of the Civil Act

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Cho Heung and one other (Attorney Han-hee et al., Counsel for the plaintiff-appellant)

el Electronic Co., Ltd. (Attorney Cho Dong-dong, Counsel for the defendant-appellant)

1. The defendant shall pay to the plaintiff Cho Jae-sik the amount of 43,085,660 won, the amount of 27,923,773 won to the plaintiff Cho Jong-sik and the amount of 5 percent per annum from February 21, 1993 to March 24, 1995, and the amount of 25 percent per annum from the next day to the date of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of lawsuit shall be divided into four parts, one of which is the plaintiffs, and the remainder shall be borne by the defendants respectively.

4. Paragraph 1 can be provisionally executed.

The judgment of the court below that the defendant shall pay to the plaintiff Cho Jae-sik the amount of 54, 295, 292 won, 34, 530, 195 won, and 5% per annum from February 20, 1993 to the date on which the copy of the complaint of this case is served to the defendant, and the amount of money at the rate of 25% per annum from the next day to the date on which the copy of the complaint of this case is served to the defendant.

1. Occurrence of liability for damages;

A. Grounds for liability

(1) recognised facts

(A) On February 21, 1993: (a) around 40, 1993, Non-party Kim Tae-tae was an employee at the Cocoa room located under the 476-1 locational building located under the 476-1 locational dong, Sincho-si, Sincho-si; (b) died of her hemopic shock and her hemopic shocke due to a fire caused by a smoke.

(B) The objective handout of the above multiple times due to the fire is as follows.

The above multiple entrances are opened, and a knife television (hereinafter “the instant television”) is installed on the right side of the paper, and a knife television was installed at the center of the right side of the paper. The instant television was destroyed by the fire, left the bones only, and on the upper part of the upper part of the above knife, the lower part was not cut off. However, the electric source code of the instant television was stuck on the container, but there was no trace from the container. The instant knife portion is the government with the instant television installed, and the chair and the surrounding part of the knife installed on the lower part of the instant television. While the glass of the knife installed within the said knife installed within the said knife, the power source or the knife code was not sick in itself, and it could not be seen that the said knife was in a state of operating within the knife in a normal operation of the said knife.

(C) The instant television is the Defendant’s product (a model name CNR-2690) purchased from gold distribution in the gold-dong located in the Simho-dong from October 1991, which is the main owner of the above CNR-2690.

(라) 일반적으로 텔레비전에 전원이 연결되어 있으나 스위치를 끈 상태에서는 스탠바이 회로 일부에 3W 미만의 약한 전류가 흐르게 되는 데 불과하여 위 회로에 불량이 발생하고 보호용 퓨즈가 유입전류를 차단하는 역할을 하지 못한다 하더라도 화재가 발생할 가능성은 극히 미미한 반면, 텔레비전에 전원이 연결되고 스위치를 켠 상태에서는 고압회로에 30, 000V 가량의 고압전류가 흐르게 되고 고압트랜스의 납땜상태가 불량할 경우 보호퓨즈가 끊어져 제품동작이 중지되게 설계되어 있으나, 절연성과 내구성이 열후한 부품이 사용되거나 부품의 조립, 배치가 부적절할 경우 위 고압트랜스 주변회로나 접점부위에서 불꽃이 튀거나 브라운관 내부의 금속발열관의 과열로 발연, 발화하면서 브라운관이 폭발할 가능성이 있다.

(E) The Plaintiff Cho Jae- terms are the husband of the deceased, and the Plaintiff Cho Jae- terms are their children.

(Ma)

A without dispute, evidence Nos. 1 through 3, evidence No. 7-1, 4, 5, 11 through 27, evidence No. 8, witness Kim Jae-mun, and all purport of the pleading.

(Evidence of evidence)

(1) the testimony of 1, 300, 400,000

(2) Determination:

(A) According to the above facts, the above fire is presumed to have been caused by an explosion by the bruman while explosion, and the fire is presumed to have been caused by the bruman’s deterioration around the chairs and the water legle, and there is no other evidence to reverse it.

(B) The specific causes of the instant television generated from any defect can not be identified scientifically and correctly, but as long as the television was emitted or explosiond under a reasonable situation under which it was received, it would be a product lacking the reasonable stability, which is naturally expected to be equipped by social norms, as a matter of course, inasmuch as the nature of the product was emitted or explosiond under the conditions of receiving the television.

(C) In the instant case where there is no evidence to prove that Nonparty 1 arbitrarily repaired the internal structure after purchasing the instant television, it is presumed that the said defect had already been inherent in the stage of manufacturing and distributing the instant television.

(D) A manufacturer who manufactures and sells a product is liable to manufacture the product with safety and durability within the expected range in light of modern technological level and economic feasibility in terms of its structure, quality, performance, etc., and is liable to compensate consumers for damages caused by a defect or defect in safety and durability. Thus, the Defendant is liable to compensate the above deceased and the plaintiffs for damages caused by the accident as a manufacturer of the instant television.

B. Limitation on liability

The deceased's negligence caused the death by taking emergency measures such as extinguishing fire at the time of explosion of the television of this case or not leaving the site of the accident, while leaving the position of the television of this case, was divingd by the above accident. The deceased's negligence was caused by the occurrence and expansion of the damage caused by the above accident. Therefore, in calculating the amount of damages to be compensated by the defendant, it shall be considered in calculating the amount of damages to be compensated by the defendant, but it is reasonable to view the rate of negligence to the extent of 20% in light of the above facts.

(Ma) The foregoing is the same.

2. Scope of damages.

(a) Actual income:

The loss of lost income equivalent to the monetary total assessment value of the capacity to operate in the instant accident is based on the following facts and assessment: (a) pursuant to the discount method that deducts intermediary interest at the rate of 5% per month as follows: (b) the amount calculated at the present price at the time of the instant accident is KRW 68,51,792.

(1) Facts of recognition and evaluation

(A) Gender: the date of birth of a woman: February 10, 1958.

Age (at the time of accident): 42.21 years of age: 45 years of age;

(b) Occupation and career: A person who resides in the central Dong of Seocho-si, an urban area, and is engaged in multi-party service;

(c) Monetary assessment of operating capacity: the amount equivalent to 530,000 won (21,200 won x 25 days) monthly wage per day of adult women engaged in urban daily labor around 1993 on the basis of an average of 25 days (experience) per month;

(d) Operating period: for 299 months until he/she reaches 60 years of age (a period less than a month);

(e) Cost of living: 1/3 (no dispute exists) of revenues;

(Ma)

The above evidence Nos. 1, 4-1, 2, 5-1, 2, and 5-2, and all purport of the pleading

(2) mountain.

530,000 x 2/3 】 193.9013 = 68, 511, 792 won (hereinafter the same shall apply)

(b) Funeral expenses.

IE : For the purpose of plaintiff Cho Jae-hoon

amount of gold: 1,500,000 won

(C) there is no dispute;

C. Limitation on liability

(1) Liability ratio: 80%

(2) mountain.

The deceased: 68, 511, 792 won ¡¿ 0.8 =54, 809, 433 won.

Plaintiff Cho Jae-ki: 1,500,000 won ¡¿ 0.8 =1,200,000 won

(d) Condolence money;

(1) Reasons for taking into account: Age, family relationship, property and educational degree, details and result of an accident, degree of negligence of the victim, degree of negligence of the deceased, and circumstances shown in the arguments of this case, including the deceased's appearance into home as well as his/her multi-company employee.

(2) The amount determined;

Nonparty 10,00,000, 000, 3,000, 000, 3,000, 000, 2,000, 2,000, 000 won

(e) Inheritance relationship;

(1) The deceased’s property heir: the plaintiffs

(2) Inheritance amount;

For the purpose of plaintiff's interest: (54, 809, 433 + 10,00,000) ¡¿ 3/5 =38, 885, 660 won

Plaintiff Dispensing: (54, 809, 433 won + 10,00,000 won) x 2/5 =25,923,773 won

3. Conclusion

Therefore, the defendant is obligated to pay damages for delay at a rate of 43,05, 660 won (38, 885, 660 won + 1, 200, 000 won + 3,000,000 won), 27, 923, 773 won (25, 923, 773 won + 2,000,000 won) to the plaintiff's preparation, and each of them, from February 21, 1993 to March 24, 1995, which is the date of the accident, from February 21, 1993 to March 24, 195, and from the next day to the date of full payment, 25% per annum per annum per annum under the Special Act on the Promotion of Legal Proceedings, etc. (the plaintiff's remaining claims for delay payment within the scope of the defendant's obligation to pay damages for delay as stated in the above Special Act shall not be justified.

Judges in the appellate trial (Presiding Judge)