logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.22 2015나310085
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.

Reasons

1. Basic facts

A. On June 199, the Plaintiff is growing a studal, re-ama, etc., and purchased a multi-purpose drying machine (hereinafter “instant drying machine”) for the name of the Defendant’s product from the Defendant, and installed and used it on the ground B of YD-325, which is the Plaintiff’s possession.

B. Around September 16, 2013, the Plaintiff started construction by inserting a drilling in the instant drying machine. On September 17, 2013, the following day, explosiond on the drying machine, and the roof, columns, and walls of the warehouse were partially destroyed.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The following facts are without dispute; Gap evidence Nos. 4, 5, and 9 (including branch numbers, if any; hereinafter the same shall apply); the video and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion ① The building of this case was explosiond by the defendant's design or manufacturing defect, ② The defendant did not explain to the plaintiff about the direction that the defendant should observe when using the building machinery of this case. Thus, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case due to tort.

B. The defendant's summary of the defendant's assertion that there is a defect in the drying machine of this case. ② The accident of this case is caused by outside causes such as dust explosion, etc. ③ Since the plaintiff's negligence in management was caused by the accident of this case, the defendant is not liable to compensate the plaintiff for damages.

3. Determination as to the establishment of liability for damages

A. In full view of the evidence as to whether the instant accident occurred due to explosion inside the instant drying machine and the results of appraiser C’s appraisal, the entirety of the arguments revealed that the waste heat recovery period of the instant drying machine was teared, the difference in the board in the machinery room was displayed, and plastics attached to the burners in order to put the air into the burner part is broken and discovered at a place where approximately one meter away from the installation site.

arrow