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(영문) 부산지방법원동부지원 2017.05.31 2016가단8048
손해배상(기)
Text

1. As to Plaintiff A’s KRW 27,410,293, and KRW 5,00,000 to Plaintiff B, and each of the said money, the Defendant shall start from June 8, 2016 to June 2017.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of the Busan Shipping Daegu Factory Co., Ltd., 107 Dong 702 (hereinafter “the apartment of this case”), who resides in the apartment of this case along with the Plaintiff B and D (3 years old), his spouse, and the Defendant is a company that manufactures and sells main electronic equipment, such as the preparation and distribution of electrical materials.

B. In around 2011, Plaintiff A purchased and continued to use the following matters: (a) the first person who was prepared by the Defendant (a model name: HMXG101FG.KM; hereinafter “instant person”).

C. around 05:00 on February 19, 2016, a fire occurred in the vicinity of the main bank of the instant apartment (hereinafter “instant fire”). D.

Due to the fire of this case, part of the main room and the household room of the apartment of this case, which the plaintiffs resided, were destroyed by the fire, and the plaintiffs moved from the inner window to the beera while moving to the beera while the light-weight partitions of the wall of beeras and the light-weight partitions of the wall of this case were added to the beera and the escape from the bend to the beera.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as to Gap's evidence 1 to 4, 6 through 9, and 17 (including each number);

2. Occurrence of liability for damages;

A. (i) The summary of the plaintiffs' assertion was caused by the defect in the installations of this case, and thus, the defendant is liable to compensate the plaintiffs for the damages caused by the fire of this case in accordance with the Product Liability Act, in accordance with the legal principles of the Product Liability Act.

The summary of the Defendant’s argument cannot be recognized that the Plaintiffs were normally using the title of the Defendant at the time of the instant fire, and as long as the possibility of the outbreak of the instant fire by an electronic file that was placed on the foundation of the Defendant cannot be ruled out, it is not presumed that the instant fire was an accident that occurred within the exclusive control area of the Defendant, and thus, the Defendant is not liable for product liability.

B. (i) High-level technology is collected, and in large quantities.

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