1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that operates a stem cell research and production sales business, and the Defendant is a company that operates a low temperature container import and sale business, etc.

B. The Defendant imported and supplied a liquid hydrogen tank (S-480 CRYGEIC LN2 TN2 TNK, hereinafter “instant tank”) from an overseas manufacturer, which is a low temperature liquid storage container.

C. On October 31, 2012, the Plaintiff purchased the instant tank from Tymar Co., Ltd. in order to keep liquid nitrogens necessary for the storage of low temperature in stem cells. D.

The Plaintiff used to charge hydrogen to the instant tank at an average weekly intervals. On February 8, 2013, the Plaintiff: (a) caused an accident involving the Plaintiff’s filling of hydrogen; and (b) the occurrence of an occurrence of an accident involving the total increase of nitrogen oxides inside the instant tank (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

The Plaintiff used the instant tank according to normal usage, such as the storage of stem cells in the instant tank, in a physical state of liquid nitrogens each day, checking the amount of liquid nitrogens 2-3 times a week, filling liquid nitrogen at average intervals of a week, strictly restricting the entry of the storage place, etc. In the event of the instant accident, most of the stem cells stored in the instant tank was damaged.

The instant accident was caused by the destruction of a dangerous state due to satisfic heat on the entrance side of the tank of this case. Thus, the tank of this case has a defect in manufacturing design.

In addition, if the defendant explained the method of handling the tank of this case, the matter of attention, and the method of responding to the emergency situation, it would have been able to reduce or avoid the above damage.