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(영문) 수원지방법원 2016.06.16 2015나21261
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the money ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiff and the Selection-Party B were married couple who resided in Youngwon-gu, Suwon-si C apartment 3209 Dong 502 (hereinafter “instant apartment”), and the Defendant is a company that manufactures, sells, and leases electrical equipment for household use, including toilets installed.

B. On December 21, 2011, the Plaintiff entered into a contract with the Defendant to lease BAS16-A (Joint Use of Domestic, Family, and Business Place) (hereinafter “instant BB”) manufactured by the Defendant (hereinafter “instant BB lease”). The Defendant established and placed the instant BB in the instant apartment toilet.

C. On March 24, 2014, the Defendant visited the apartment of this case at the request of the Plaintiff to repair that the enjoyment of the House does not increase, and replaced the enjoyment of the House of this case, and performed the cleaning of the Team by separating it from the changing season.

On April 14, 2014, at around 06:27, a fire occurred in the instant apartment toilet (hereinafter “instant fire”), and the inside 27 square meters of the instant apartment building were able to be 27 square meters, and the household-style tool, etc. was destroyed by a fire.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, 12, Eul's 3, and the purport of whole pleading

2. Occurrence of liability for damages;

A. A manufacturer who manufactures and sells articles of relevant legal principles is liable to manufacture and sell a product with safety and durability within the expected range in light of its technical level and economic feasibility at the time of its distribution in terms of its structure, quality, performance, etc. (Article 3(1) of the Product Liability Act). In the event of consumer damage caused by defects not meeting such safety and durability, the manufacturer is liable to compensate for tort.

In order to impose liability for damages on a manufacturer of goods, the existence of the causal relationship between the existence of the defect, the occurrence of the damage and the occurrence of the damage should be premised.

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