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(영문) 서울중앙지방법원 2016.06.01 2016나8137
구상금
Text

1. Of the judgment of the first instance court, KRW 4,752,743 against the Plaintiff and its related thereto, from March 24, 2015 to June 1, 2016.

Reasons

1. Basic facts

A. A had resided in the Franchi Refash (No. 14, 2004, May 14, 2004; June 2004, model name D-R1566 DCA; hereinafter “instant kimchi Refashion”) manufactured by the Defendant while living in the wife population B apartment 102, 502, and 502 (hereinafter “instant 502”).

B. On January 27, 2015, at around 18:12, a fire was destroyed in the lower part of the Kimchi Refashion of the instant kimchi, and part of the instant 502 heading and household equipment was destroyed, and the said apartment No. 402 heading 102 and 402 (hereinafter “instant 402 heading”) was flooded due to a fire wave.

(hereinafter “the instant fire”). The damages of the instant 502 caused by the instant fire are KRW 8,572,385, and the damages of the instant 402 are KRW 480,248.

C. After the on-site investigation, he concluded that the fire cause of the instant case was “The Vthton is identified in the lower part of the kimchi cooling station, and is presumed to have been emitted from electric wires above the temperature control season by means of the fact that the Vthton is contained in the surrounding combustible materials, dust, and damp.”

On March 24, 2015, the Plaintiff, the insurer of the instant Nos. 402 and 502, paid KRW 7,468,533 as insurance money for the instant fire.

(A) The owner of the instant No. 402 agreed to implement restoration work and received the insurance proceeds of the instant No. 402 as well as the insurance proceeds of the instant No. 402). 【Ground for recognition】 The fact that there is no dispute, Gap’s 1 through 5, Eul’s 1 and 2, and the purport of the entire pleadings.

2. The assertion and judgment

A. In a case where a manufacturer claims compensation for damages under the Civil Act for reasons that the manufacturer suffered damages due to defects, such as defects in mass production, due to the concentration of high technology in the relevant legal principles, the occurrence of liability for damages, a general consumer bears scientific and technical burden as to what kind of defects exist in the product and what damages incurred.

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