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(영문) 서울북부지방법원 2017.08.25 2015가단128674
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 premise;

A. On February 13, 2015, Plaintiff B entered into a siren agreement (hereinafter “instant siren agreement”) with the Defendant on the part of the Defendant on the part of the Defendant’s supply (hereinafter “the instant massage”). Around February 13, 2015, Plaintiff B entered into between the Defendant and the Defendant on the part of the Defendant’s “child” (hereinafter “the instant massage agreement”).

B. On the same day, C’s employees visited the Plaintiff and the Plaintiff’s domicile residing in the Plaintiff and completed installation, and B paid monthly rental fees to the Defendant.

C. On May 18, 2015, the Plaintiff was diagnosed by the hospital as to the pressure frame No. 4, 3-4, 4-5, 5, 5 or 1, 5-6, 6-7, 1-2, and 1-2, respectively (hereinafter “the instant injury”).

[Ground of recognition] Facts without dispute, Gap's evidence 1-2, Gap's evidence 2, Eul's evidence 8, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant siren contract is a contract for a third party with which the Plaintiff is the beneficiary (Article 539 of the Civil Act). The Defendant did not fulfill his/her duty to explain the use of the massage in this case or was defective in the massage, and the Plaintiff sustained the instant injury while using the massage in this case, and thus, the Plaintiff claimed damages against the Defendant, who is a beneficiary, as the beneficiary.

However, the evidence presented by the plaintiff alone cannot be viewed as a contract for a third party under the Civil Act with the subscriber B, the defendant as the counter-party (the counter-party) and the plaintiff as a third party. Since there is no other evidence, the plaintiff's assertion that the above siren contract is a contract for a third party is without merit.

B. The Plaintiff’s employee’s method of use or cautions for the Marina of this case.

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