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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The Defendant is a corporation that manufactures and sells a mobile phone C (hereinafter “instant product”) as a corporation with the purpose of manufacturing, selling, collecting, leasing, and providing services, etc. electronic electrical machinery, appliances, and related parts, and the Plaintiffs are consumers who purchased the instant product from the Defendant.
B. On August 19, 2016, the Defendant sent the instant product at home and abroad, and on the 24th day of the same month, 50,000 won thereafter, an explosion accident occurred first during the instant product charging at home and abroad. On the 31st day of the same month, one week from the first accident following a series of explosion accidents similar at home and abroad, and the Defendant suspended the domestic sale of the instant product, and followed the date of suspension.
9.2. The entire domestic call of the instant product was announced.
C. Around September 8, 2016, the U.S. Consumer Safety Commission (CPSC) and the Federal Aviation Agency (FA) recommended the suspension of the filling and use of the instant product. The Ministry of Land, Infrastructure and Transport of the United States prohibited on September 10, 2016 from using the instant product in aircraft and carrying the instant product in commission baggage.
From the 12th day of the same month, the Defendant lent the instant product to the domestic consumers who purchased the instant product, and from the 19th day of the same month, the Defendant exchanged the instant product as a new product with the replacement of the distribution.
E. From October 1 of the same year, the Defendant began to sell new products replacing the distribution of the instant products, but the case of the new products was re-exploited domestically and overseas.
On the 11th of the same month, the Ministry of Trade, Industry and Energy recommended the Defendant to suspend the use, exchange and new sale of the instant product, and the Defendant eventually suspended the sale and exchange of the instant product on the same day (hereinafter referred to as “the instant simple measure”).
F. The defendant, from the 13th of the same month to each of the purchasing places, is the defendant or another.