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(영문) 대전지방법원홍성지원 2020.11.25 2019가단35964
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 14, 2012, the Plaintiff purchased a boiler boiler lT-13K manufactured by the Defendant’s side from B of boiler and house repair business chain C, and used it in Bovis-si E’s E, and replaced the oil pumps of the boiler on February 12, 2014.

B. On November 1, 2018, around 20:25, a fire occurred in the above house, and the said house was destroyed by fire.

(c) On November 1, 2018, the Fire Captain and Fire Captain, and the same month;

3. Two times of investigation into the accident site, and the Plaintiff stated that there was water leakage on the boiler room floor. D.

In full view of the fire-fighting level inside boilers, the fire-fighting field survey was prepared to the effect that the fire-fighting field survey was presumed to have been emitted at the lower A point below the boiler, taking into account the fire level inside boilers, the stokes of steel plates, and the stoves that expanded the burning from

E. On the other hand, the above on-site investigation statement states that "the boiler room was oil on the floor because the fuel oil flows out in fuel string," and that "the fact that the user neglected the oil oil leakage in using the boiler with the knowledge of the fact that it was oil leakage in using the boiler shall not be excluded from the possibility of combustion by the employer's negligence."

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. The party's assertion and judgment

A. (i) The Plaintiff’s assertion (i) structural problems of the oil boiler manufactured by the Defendant, etc., and the said fire occurred due to the stoves from the boiler, and the Defendant is liable for product liability for damages suffered by the Plaintiff.

B. The Defendant’s assertion that the fire occurred is not due to the mechanical defect of the oil boiler manufactured by the Defendant. Thus, the Defendant is not subject to product liability against the Plaintiff.

(b) A manufacturer who manufactures and sells determined goods shall have the level of technology and economic feasibility at the time of distribution in terms of the structure, quality, performance, etc. of the goods.

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