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(영문) 서울북부지방법원 2017.06.15 2016가단11698
채무부존재확인(일부)
Text

1. On January 29, 2016, around 20:30, due to a fire accident that occurred under the Seoul Jung-gu B apartment, or 101 Dong 705.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 29, 2016, at around 20:30, a fire occurred due to the defect of the boiler in the boiler manufactured by the Plaintiff, which is the Defendant’s residence, in Seoul Central-gu B apartment, and 101 Dong 705, which was the Defendant’s residence (hereinafter “instant fire”). On the ground that the Defendant’s wife C returned to the Republic of Korea with his/her her her her her her her son, the fire was destroyed by using the powder.

B. The fire in the instant case led to the loss of the said gas boiler, the fire extinguishing machine powder was scattered, and the dwelling room, the kitchen, the bend, and the bend, and the bend, and the fire extinguishing machine powder was accumulated in the clothes, household electric appliances, toys, etc. located therein.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Judgment on a counterclaim

A. A manufacturer, etc. who manufactures and sells an article for which liability for damages is established 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 in light of its structure, quality, performance, etc. at the time of its distribution. Liability for damages arising from tort if any defect with safety and durability causes damage to consumers due to such defect.

(See Supreme Court Decision 98Da15934 delivered on February 25, 2000). According to the above facts of recognition, the Plaintiff has a duty to compensate the Defendant for the damages incurred due to the instant fire.

B. (1) In full view of the damage and amount suffered by the Defendant, as stated in Gap evidence Nos. 3 and 4, and the purport of the entire pleadings as a result of the court’s commission of appraisal to appraiser E, the Defendant is acknowledged to have suffered the following damages due to the instant fire.

(a) Living room, main household, household-to- household, household-to-door, etc.: 3,972,078 won (b) household-to-house household, household-to-house household, toy: 2,613,740 won (c) household, cosmetics: 2,152,741 won (d) oral, np golf bags, car-to-door : 104.

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