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(영문) 수원지방법원성남지원 2019.08.13 2018가단221903
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Judgment on the plaintiffs' assertion

A. The Plaintiffs asserted that “D” fire fighting devices were defective in the section of the name “D” in the Defendant’s purchase and use of the product name “D” (hereinafter “the instant corrosioner”), and that the temperature and temperature of the sudden fire fighting unit rise (at least 40∑C in the temperature, at least 5% in the case of temperature, and at least 5% in the case of damp, and hereinafter “the instant abnormal phenomenon”), and the poppy straws, which were put in for corrosion at the time, were entirely discarded.

First of all, the plaintiff A cancels the sales contract of this case on the grounds of the above defects, and the defendant is obligated to return the purchase price of KRW 1,00,000 to the plaintiff A at the same time as the delivery of the machinery listed in the attached list from the plaintiff A.

In addition, due to the above incubation defect, the plaintiff A suffered damages from each waste of poppy straw, equivalent to KRW 52,500,000 in the case of the plaintiff A, and KRW 20,000 in the case of the plaintiff B, and KRW 20,000 in the case of the plaintiff B. The defendant is liable to compensate the plaintiffs for each of the above damages.

(mainly, the product liability law is sought, and the conjunctive liability is sought for general tort liability or incomplete performance of contract).

Judgment

1. Article 3(1) of the Product Liability Act provides that a manufacturer shall compensate for damage to a person who suffers damage to his/her life, body, or property due to a defect of a product, and Article 2(2) of the Product Liability Act provides that "defect" means a defect in the manufacture design or indication of the product, or any other safety ordinarily expected is lacking. This is intended for a person who has no direct contractual relationship with the product to seek compensation for damage even if he/she does not prove the manufacturer's intention or negligence.

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