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(영문) 전주지방법원 2015.09.17 2012나8126
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The following facts of recognition may be acknowledged if there is no dispute between the parties or if the entry in the evidence No. 3 (including the serial number) contains the whole purport of the pleadings:

The defendant is a corporation established with the business purpose of manufacturing and selling electronic machinery and appliances.

B. The Plaintiff purchased the air conditioners manufactured by the Defendant around 1998 (hereinafter “instant air conditioners”) from the Defendant and installed them in a simplified warehouse located behind the instant land B (hereinafter “instant simple warehouse”) located behind the Plaintiff’s residence at Jung-Eup, Jung-gu, the Plaintiff’s residence (hereinafter “instant house”).

C. On January 20, 2009, around 23:48, a fire occurred in the vicinity of the instant simplified warehouse, and all or part of the instant housing and simplified warehouse was destroyed.

(2) On February, 200, the Plaintiff’s allegation as to the cause of the instant claim occurred due to the lack of safety in the air conditioners manufactured by the Defendant, and thus, the Defendant is obligated to pay to the Plaintiff property damage amounting to KRW 85,637,375 (i.e., KRW 52,617,619, 619, and KRW 25,000, totaling KRW 110,637,375, and delay damages incurred by the Plaintiff.

(3) The Plaintiff’s claim is not clear as to whether the claim was based on the liability for damages under the Product Liability Act or based on the liability for damages under the Product Liability Act. However, the instant cooling house is manufactured in around 1998 prior to the enforcement of the Product Liability Act, and the Product Liability Act cannot be applied. The Plaintiff’s claim is a claim for damages based on the Civil Act, considering that the Plaintiff rejected the liability for damages based on the Product Liability Act and submitted a separate decision that recognized the liability for damages under the Civil Act.

A. The performance of large-scale manufactured products is below the level of technology of the relevant legal doctrine.

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