Text
1. Revocation of a judgment of the first instance;
2. There is no obligation of the Plaintiff to the Defendant based on an accident listed in the attached Form.
Reasons
1. Basic facts
A. On October 30, 2012, the Plaintiff sold the electric sets produced by the Plaintiff to the Defendant (name of goods: smart lines carp carp, model name: IW-FC11, and under the below “instant electric sets”).
B. On March 25, 2014, around 01:07, the Defendant: (a) was able to turn on the instant electrical sets at his own house room (C, 101 Dong 506) and was locked; (b) however, there was an accident in the attached Form where the building and part of the household are destroyed due to a fire in the area around the electric source code of the instant electric sets (hereinafter “the instant fire accident”).
[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 to 4, 7, Eul evidence 1 and 2 (including branch numbers, if any);
The following shall be:
(i) each entry and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The gist of the Plaintiff’s assertion was found in the temperature control code of the instant electric set. This was caused by the power source code divided into a small wave table, etc., and the power source code was damaged by pressure or multiple electric source code was sticked on a multi- compound. Ultimately, the instant fire accident is not due to the defect of the product, but due to the Defendant’s negligence in use.
Nevertheless, the Defendant claimed damages from the fire accident of this case against the Plaintiff. Therefore, the Plaintiff has a benefit to claim the confirmation of the existence of the obligation of this case.
B. The Defendant’s summary of the Defendant’s assertion was ordinarily using the instant electric sets without any negligence, and the instant fire accident occurred due to the manufacturing defect of the instant electric sets.
Therefore, pursuant to the Product Liability Act, the Plaintiff, as a manufacturer of the electric set of this case, has a duty to compensate the Defendant for the damages incurred by the Defendant due to the fire accident.
3. Determination
A. Article 2 of the relevant provisions of the Product Liability Act.