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(영문) 대전지방법원공주지원 2015.07.15 2014가합280
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 14, 2013, the Plaintiff purchased an agricultural product building machine (a model number UDS-6533F, hereinafter “instant building machine”) at the Defendant’s public agency in KRW 2,860,000.

B. The Plaintiff prepared a drying room in the Plaintiff’s factory located in 13-1, i.e., the return of e.g., the e., the Plaintiff, at the time of official residence, set up one gas drying machine and one electric drying machine. The Plaintiff installed the instant drying machine at the same time, and used it for the agricultural products drying experiment.

C. The instant drying machine is divided into three spaces where the temperature can be otherwise adjusted, and a door is installed in each space.

On November 8, 2013, at around 09:10, the Plaintiff’s staff A operated the instant drying machine with the temperature of 45∑ C, 50∑ C, 55∑ C, 55∑ C, and 13°13.5 hours, respectively, for the purpose of carrying out experiments necessary for production by the Go-Mamamashing 0:10 on November 8, 2013.

On November 8, 2013, around 11:54, the instant drying machine was installed, and there was a fire where various machinery, appliances, agricultural products, etc., including the building of a factory and the instant drying machine, are removed from the factory (hereinafter “instant fire”).

E. The Defendant, within one year of quality assurance period, guaranteed the product of this case, that the exchange or purchase of the product compensates for refund in a case where the repair is impossible due to a malfunction in the natural performance and function occurring in the normal use condition.

【Ground of recognition】 The fact that there has been no dispute, entries in Gap's 3, 4, 6, 9 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The instant fire occurred during operation of the instant drying machine. As such, the Plaintiff was using the instant drying machine normally, and thus, can be presumed to have caused the instant fire due to the defects existing in the instant drying machine. Therefore, it can be presumed that the said fire occurred.

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