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(영문) 서울남부지방법원 2018.11.22 2018가합103588
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. Of the litigation costs, the part arising between the Plaintiff A and the Defendant is Plaintiff A.

Reasons

1. Basic facts

A. The Plaintiff B is the owner of the house located D at the time of racing (hereinafter “instant house”).

Plaintiff

B around 2003, purchased the oil and hot water boiler (the model name E; hereinafter referred to as the “F boiler”) manufactured by the Defendant, and installed in the boiler room of the instant house. Around 2008, the Defendant purchased the oil and hot water boiler (the model name G; hereinafter referred to as the “H boiler”) additionally manufactured by the Defendant, and installed it in the boiler room of the instant house.

B. In order to turn on the hot water around July 31, 2015 on July 31, 2015, Plaintiff B’s husband and wife divided the hot water server to turn on all of the H boiler of this case.

However, after diving, a fire occurred along with explosion in the boiler room, and Plaintiff A, the fraud of Plaintiff B, stored the image in the telegraph, and the fire of the instant house occurred (hereinafter “instant fire”).

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, 10, 12 through 19 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the fact inquiry about the first point of this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs asserted that the plaintiff B used the H boiler in a normal manner, but the fire of this case occurred due to defects such as the flammable system of the H boiler.

The Defendant, as the manufacturer of the H boiler of this case, is liable for damages suffered by the Plaintiffs due to the fire of this case under the Product Liability Act or the Civil Act.

B. A manufacturer who manufactures and sells relevant legal articles is responsible for manufacturing and selling a product with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of its distribution in terms of its structure, quality, performance, etc., and consumer damage is incurred due to defects in safety and durability.

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