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(영문) 대구지방법원영덕지원 2017.05.30 2015가단4974
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff constructed a building listed in the separate sheet (hereinafter “instant building”) and obtained approval for the use of the instant building on or around May 17, 201. On June 30, 2011, the Daegu District Court’s receipt of a nutrition registration office of the Daegu District Court completed the registration of initial ownership under one’s name pursuant to Article 4601.

The defendant is a stock company that runs the manufacturing and selling business of heat-resistant appliances.

B. While constructing the instant building, the Plaintiff installed a small-type oil boiler (a model name: LT-17K; hereinafter “instant boiler”) manufactured by the Defendant in the boiler room on the first floor of the instant building (hereinafter “instant boiler room”).

C. around 09:00 on August 22, 2015, a fire occurred near the boiler room of this case, and a part of the movable property inside the instant building was destroyed by a fire.

(hereinafter referred to as the “instant fire”). [Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 6, Eul evidence 1, 4, and 5 (including branch numbers; hereinafter the same shall apply) respectively, and the purport of the whole pleadings.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the boiler manufactured by the Defendant lacks the reasonable safety required for the product by social norms at the time of use.

Since the fire of this case occurred due to the defect of the boiler of this case, the Defendant, who manufactured the boiler of this case, bears the product liability to compensate the Plaintiff, the owner of the building of this case for the damages caused by the defect of the boiler of this case.

The Plaintiff removed the lost part of the instant building due to the instant fire, and restored it, and paid KRW 26,177,00 at its expense.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 26,177,00 and damages for delay incurred by the instant fire to the Plaintiff.

B. The summary of the Defendant’s assertion is that of the instant fire.

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