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(영문) 서울중앙지방법원 2015.09.24 2015나15152
구상금
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 May 16, 2013, at the residence of Gangseo-gu Seoul Metropolitan Government 102 Dong 308, the water leakage occurred in the water purifiers manufactured and sold by Hanba Co., Ltd. (hereinafter “ Hanbabab”) and the water purifiers produced and sold by Hanbabab, which was flooded by the kitchen and the floor of the living room at the above residence. On November 12, 2013, the occurrence of an accident in which Hanbabababs occurred in the production and sale of Hanbababs at the D Apartment 206 Dong 604, and 604 E, which was flooded by water leakage in the water purifiers

(hereinafter referred to as “instant accident”) B.

On June 27, 2013, the Plaintiff, an insurer who entered into a contract for product liability insurance with Korea-China, paid 5,280,000 won of insurance money to C, and 1,80,000 won of insurance money to E on March 18, 2014.

C. On the other hand, the defendant supplied valves (including a answerter) that connects a water-water basic body with a tap water inflows, and the above valves are above A.

The manufacture of each water purifier stated in the paragraph was used.

[Based on recognition] Class A, 2, 3 (Partial), 4 (Partial), 4 through 6, 7 (Partial), 8 (Partial), 9 and the purport of the entire pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the accident of this case occurred due to the manufacturing defect of the valve supplied by the defendant in Korea, and due to the separation of the personal inputs connected to the valve from the valve, it is based on the defendant's incomplete performance. Thus, the defendant is liable to compensate C, etc. for damages caused by the accident of this case.

Even if not,

Even if the defendant directly manufactured the above valves or processed each part of the valves supplied by a third party, Article 2 subparagraph 3 of the Product Liability Act.

In addition to the manufacturer set forth in the item, as well as the manufacturer set forth in the item, it is the manufacturer set forth in Article 2 subparagraph 3 (b) of the Product Liability Act, or there is a mark that could be mistaken for the manufacturer. Accordingly, the defendant is the valve.

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