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(영문) 서울남부지방법원 2018.07.27 2018나52349
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 3, 2015, the Plaintiff purchased “Sarara New-based Oil B B B B B” (hereinafter “instant boiler”) which is the boiler of the Defendant’s product products, and installed in B housing located in Chungcheongnam-si.

B. On February 1, 2017, there was a phenomenon that the hot water of the boiler of this case was not found, and the Plaintiff filed an application for A/S with the Defendant around March 1, 2017 and was inspected.

C. After visiting the site and examining the broken part of the boiler of this case, the article of the Defendant’s Chungcheong agency visited the site, and then informed the Plaintiff to the effect that “the water leakage occurred in the boiler pipe in the boiler because there is no malfunction in other parts, etc. and there is a phenomenon in which water erosion and hot water did not flow out. For a considerable period of time, the Plaintiff did not cut water out after deducting water from the boiler of this case. In light of the fact that water inside the warm cocope pipe was not cut out, water inside the boiler pipe was caused by negligence, and thus, it is subject to compensatory repair.”

Since then, the Plaintiff filed a civil petition with the call center of the Defendant Company, and on March 4, 2017, the employees and agents of the Defendant Company visited the site to verify the broken parts of the boiler of this case, and diagnosed the cause of the breakdown of the boiler of this case.

E. On July 2017, the Plaintiff, who did not repair the boiler of the instant case without compensation, purchased a boiler of another manufacturer at KRW 478,900 and installed the boiler of another manufacturer at KRW 478,90 (the installation cost of KRW 170,000), and left the boiler of the instant case on the road, and subsequently brought the boiler to the water collector voluntarily.

F. The quality assurance letter of the boiler of this case states that “this product is repaired without compensation when it was normally used within two years from the date of its initial installation.”

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