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(영문) 청주지방법원 2019.06.19 2018나8089
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

The defendant is a company established for the purpose of bed and household wholesale and retail business.

Plaintiff

A on October 31, 2016, purchased the second floor bed (hereinafter “instant bed”) produced by the Defendant from the Defendant, the second floor bed (hereinafter “instant bed”).

Plaintiff

B, C, and D used Plaintiff’s children from October 31, 2016 to September 5, 2017.

On September 5, 2017, the part at which the 2nd floor side board of the instant bedroom was fixed was installed in front and rear, and there was an accident where the lower part of the 2nd floor lower part, where the said side board was supported, collapsed (hereinafter “instant accident”).

[Based on recognition] The facts without dispute, Gap evidence Nos. 2, 4, 6, and 8 (including numbers, if any; hereinafter the same shall apply), and product liability related to the product liability of the plaintiffs' assertion as to the purport of the entire pleadings. The defendant is the products manufacturer of the settling unit of this case. The manufacturer of the settling unit of this case was defective in manufacturing or design, and the accident of this case occurred due to the above defect.

Even if the accident of this case was caused by running running, etc. on the second floor of the beds of this case, the defendant did not indicate that it may be damaged if running, etc. from the second floor of the beds of this case, which constitutes a defect in indication.

Therefore, the defendant is obligated to compensate the plaintiffs for consolation money and damages for delay for mental damage caused by the accident in this case under the Product Liability Act.

As to the warranty liability, the instant beds are above.

Since there is a serious defect that could not achieve the purpose of the contract for the same reasons, the defendant is liable for warranty as the seller of the land in this case.

Meanwhile, Plaintiff A expressed his intent to cancel the instant sales contract by serving a duplicate of the instant complaint.

Therefore, the defendant is the plaintiff.

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