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(영문) 서울중앙지방법원 2017.01.25 2015가단5216249
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) On December 10, 2009, the second floor housing and warehouse located in A and B of Gyeonggi-gu (hereinafter “instant pension”).

(C) Along-term new-term project insurance contract was concluded on December 1, 2019, setting the insurance period from December 10, 2009 to December 10, 2019 (hereinafter “instant fire insurance”).

(2) The Defendant is a company that manufactures and sells food treatment equipment, etc.

B. (1) On November 12, 2014, around 19:00, a fire occurred in the instant penty’s appurtenant building, installing and using food treatment equipment (a model name OK-02SKW) for household use produced by the Defendant. (2) On November 12, 2014, the instant penty’s appurtenant building, resulting in the occurrence of fire, and the damage was caused by a part of the adjacent penty’s building.

(hereinafter “instant fire”). C.

On June 29, 2011, the Plaintiff paid KRW 49,597,492 to the above A with the insurance proceeds from the instant fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the fire of this case occurred due to the combination of electrical wires inside the food treatment apparatus of this case manufactured by the Defendant, and the Defendant bears the product liability for the above A, and the Defendant is liable to pay the insurance money and damages for delay paid to the Plaintiff.

B. The Defendant’s assertion that the cause of the fire in this case was attributable to the internal parts of the food treatment equipment of this case cannot be readily concluded, and the Defendant is not subject to product liability.

3. Determination

(a) A manufacturer who manufactures and sells a product requiring product liability shall manufacture and sell such 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.

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