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(영문) 서울중앙지방법원 2016.12.21 2016나56075
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a package insurance contract (hereinafter “instant insurance contract”) with a more Pest Korea Co., Ltd. (hereinafter “qP”) to ensure that the insurance period is from May 1, 2010 to April 30, 2011, the insured is set up as a PPP and comprehensively secure damages, etc. to the property (hereinafter “instant insurance contract”).

(2) The Defendant concluded a supply contract with the shop with a corporation established for the purpose of carrying on the business of manufacturing cosmetics.

B. At around 15:00 on December 11, 2010, A suffered from an insurance accident, while purchasing and using “the instant product 6S” manufactured and supplied by the Defendant at a more est shop agency located within B, and using “the instant product”, there was an occurrence of skin disease, such as Alphurine contact skin infection, and an incidental symptoms to the telegraph.

(hereinafter “instant accident”). C.

On February 9, 2011, the Plaintiff paid KRW 3,300,000 insurance money with respect to the instant accident to A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. (1) The plaintiff's assertion (1) since the product of this case contains a P-biphenyl dylphenyls and M-Aminol ingredients which are highly likely to cause alphar reaction, the product of this case was defective in manufacturing, and the product of this case could have reduced or avoided damage or danger caused by the accident of this case if the defendant had conducted a reasonable alternative design, such as using ingredients which are less likely to cause alphar reaction, etc.

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