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(영문) 부산지방법원 2019.11.22 2018가단316600
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 28, 2017, at the Plaintiff’s residence, a fire (hereinafter “instant fire”) occurred on the part of the living room located on the part of the Plaintiff’s alleged domicile. The instant fire occurred due to the manufacturing defect of the electric strawers produced and sold by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 36,795,00,00, total of KRW 33,450,000, value-added tax, and KRW 3,345,00,00, as damages caused by the tort.

2. In the event of an accident being normally used, if the consumer is liable to compensate the manufacturer for the damage due to a defect in the product, it is sufficient to prove that the accident occurred in the area under the exclusive control of the manufacturer and that the accident does not occur normally without fault of any person. In order to be exempted from liability on the manufacturer’s side, the manufacturer’s liability must prove that the accident occurred due to any other reason, not the defect in the product;

(See Supreme Court Decision 2005Da31361 Decided March 10, 206, etc.). On May 31, 2018, 2018, the fire site investigation report states as follows: “The launching point is the front floor of a ward and laundry, and the cause of combustion is presumed to have been caused by a smoke destruction of electric facilities or electric power source code, which are connected to a multi-modal outlet.” The damage assessment report of the fire of this case is also treated as “the exemption of the defendant is terminated as a result of review of the fire identification report, legal advice, etc., and the fact inquiry results and the whole purport of oral argument against the stock company C of this court.” The fire site investigation report states as follows: “The fire site is the front floor of the laundry point; the fire site is the front floor of the laundry and the cause of combustion is presumed to have been caused by the smoke destruction of the electric power equipment or electric source code of this case.”

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