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(영문) 제주지방법원 2017.05.26 2016가단52653
손해배상(기)
Text

1. The Defendant’s KRW 36,554,104 as well as the Plaintiff’s annual rate from March 31, 2015 to May 26, 2017.

Reasons

Basic Facts

On March 31, 2015, around 23:30, at Jeju-si, the Plaintiff-owned, a fire (hereinafter “instant fire”) occurred in the B-ground C carpet restaurant (hereinafter “instant building”) and the chair, etc. was born inside the building on board the fire.

[Recognition] Fact that there is no dispute, Gap evidence Nos. 1 through 3, and the plaintiff's assertion to the purport of the whole pleadings by the parties concerned is caused by the manufacturing defect of the piracy manufactured by the defendant (hereinafter "the piracy"). Thus, the defendant is liable to compensate the plaintiff for damages caused by the fire of this case.

The defendant's assertion cannot be viewed as a point where the pests of this case were emitted, and since the fire of this case cannot be viewed as being occurred under the defendant's exclusive control area while the plaintiff was using the pests of this case normally, the defendant is not liable to pay damages to the plaintiff.

Judgment

A manufacturer who manufactures and sells legal articles related to the occurrence of liability for damages under the Product Liability Act is liable to manufacture and sell a product with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of its distribution, in terms of its structure, quality, performance, etc., and the consumer is liable to compensate for damages caused by any defect in safety and durability. Where the manufacturer is liable to compensate for damages due to any defect in a product manufactured in large quantity due to the concentration of technology, the process of manufacturing the product can only be known by only the manufacturer, and the consumer is liable to compensate for damages due to such defect.

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