logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.22 2015가단5018957
손해배상(기)
Text

1. The Defendant’s KRW 6,384,306 with respect to the Plaintiff and KRW 5% per annum from August 20, 2014 to December 22, 2015.

Reasons

1. Occurrence of liability for damages;

A. Facts 1) The Plaintiff is the head of Suwon-si, Suwon-si C Apartment 103 Dong 601 (hereinafter “instant apartment”).

2) On May 17, 2013, D purchased four lids manufactured by the Defendant’s 4 persons who reside in the Republic of Korea, and the CJE-A0402 products (hereinafter “this case’s electrical resources and resources”) to build a foundation for the Plaintiff.

3) On August 20, 2014, around 18:30 on August 20, 2014, the Plaintiff, as a result of a fire in the instant apartment, caused damage to the said apartment, namely, the inside 72 square meters of the instant apartment, as well as the household tool, etc.

(hereinafter “the fire of this case”). 【The ground for recognition - Gap evidence 5, the fact-finding results against Hyundai Card Co., Ltd. of this court, the purport of the whole pleadings.

B. It is natural that the existence of a defect, the occurrence of damage, and the occurrence of damage should be premised on the existence of a causal relationship in order to impose liability on a manufacturer or seller for damages on a person who manufactured or sold the product based on the legal principles of product liability.

However, in the case of mass production products with high technology concentration, the process of production is almost rare part that consumers can know in the case of large scale, and only the manufacturer who is an expert can know, and the repair is also entrusted to the manufacturer or the repairer entrusted by him. Therefore, it is extremely difficult for the consumer to prove the causal relationship between the defect of the product and the occurrence of the defect and the damage as an ordinary person who is not an expert, because it is not a manufacturer.

Therefore, in cases where television was emitted or explosiond in a state of normal reception, the accident on the consumer side is the manufacturer.

arrow