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(영문) 서울북부지방법원 2015.04.10 2013가단112989
손해배상(기)
Text

1. The Defendant’s KRW 14,479,332 as well as 5% per annum from January 1, 2014 to April 10, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a seed with the trade name “D” in the wife population C at the permissible time, and the Defendant is a person who manufactures, sells, or repairs a voltage, abandonment, etc. with the trade name “E”.

B. Around July 1998, the Plaintiff purchased two scams from the Defendant, and requested the Defendant to repair if any problem arises.

이 사건 착유기는 최대압력 600Kgf/㎠의 압력으로 참깨, 들깨 6-7Kg을 착유하는 기기로 최대압력을 초과하면 폭발할 위험성이 있어 최대압력을 초과할 경우 안전센서의 작동으로 착유기의 가동이 자동으로 정지되도록 설계되어 있다.

C. In 2013, the Plaintiff discovered that the Plaintiff was not automatically suspended even if the Plaintiff was operating one of the above walking abandonment (hereinafter “the instant exploitation abandonment”), and requested repair to change the pressure plate and stalking to the Defendant. The Plaintiff did not improve, and re-requested the Defendant to change the pressure plate and stalking to the other staling pressure plate.

Around 10:00 on October 18, 2013, an accident of explosion of the instant landing effect occurs during the operation of the instant landing effect (hereinafter “the instant explosion”). The cause of explosion appears to have occurred by failing to automatically stop operation and not controlling the pressure even though it exceeds the maximum pressure, and the cause for which the pressure has not been controlled is to block all of the safety center installed in the pressure plate when it exceeds the maximum pressure. In the instant landing effect, it is presumed that the safety center was not operated due to breakdown, deterioration, etc., or that the safety center was not properly connected with the safety center.

E. Due to the explosion of this case, it was destroyed by the cutting of each of the instant natives, and the attached abandoned body sprinks were excavated by the Plaintiff’s sprink and roof, and electric facilities are also damaged.

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