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(영문) 전주지방법원군산지원 2015.11.26 2015가합11351
손해배상(기)
Text

1. All claims against the Defendants are dismissed.

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

Reasons

1. Basic facts

A. On Nov. 16, 2009, the Plaintiff purchased one unit of a stroke-type off-of-fluor ( model number PH-7NS; hereinafter referred to as “instant electric ener”) from the H-7NS, located in the Sinsan-si Transportdong.

B. On December 1, 2014, the Plaintiff had installed and used the instant electricalter in the C’ factory office, and around December 22:23, 2014, the fire occurred in the office, machinery and equipment of the office, semiconductor wafers, etc. including the instant electrical kitchen, which was located in the Gunsan-si.

C. The electricity of this case is a product manufactured by Defendant Bohex under a contract with Defendant Bohex (production of an original trademark attachment).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3, 6 through 9, 12, and the purport of the whole pleadings

2. The plaintiff's assertion that the fire of this case occurred due to the manufacturing or design defect of the electricity of this case. Thus, the defendant Bosch Rexex is the manufacturer provided for in Article 2 subparagraph 3 (a) of the Product Liability Act, and the defendant Bohex Korea is the manufacturer provided for in Article 2 subparagraph 3 (b) of the Product Liability Act, and the terms used in this Act are as follows.

3. The term "manufacturer" means:

A person who runs the business of manufacturing, processing, or importing products;

(b) A person who has indicated himself/herself as a person under item (a) by using his/her name, trade name, trademark or other recognizable marks, etc. on a product or a person who may mislead him/her as a person under item (a), and Article 3(1) and 3(1) of the Product Liability Act (Article 3(1) of the Product Liability Act (Article 3) of the Product Liability Act (Article 3(1) of the Product Liability Act) (1)

Article 5 (Joint Liability) If there are two or more persons liable for the same damage, the person shall be jointly and severally liable.

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