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(영문) 인천지방법원 2017.06.09 2016나51477
손해배상(기)
Text

1. The part of the judgment of the first instance against Defendant D and E shall be revoked;

2. The plaintiff's claims against defendant D and E respectively.

Reasons

1. Basic facts

A. While operating the skin management room with the trade name “G” on the second floor of the F Ground Building in Kimpo-si, the Plaintiff purchased electric design boards manufactured by the Defendants from October 21, 201 to November 19, 2012, and used them on the part of the skin management room.

B. On April 23, 2014, at around 13:10, a fire was destroyed in the skin management room (hereinafter “instant fire”) and the facilities, equipment, etc. in the skin management room were destroyed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 13, and 16, the purport of the whole pleadings

2. The Plaintiff asserted that the instant fire occurred due to electrical heat from the main cable of the electric base board manufactured by the Defendants, and the Defendants failed to properly warn the consumers of the possibility of fire in the event of using the electric base board in the skin or bedle room, if there is a possibility of fire in the event of the use of the electric base board in the skin or bedle room, thereby causing the instant fire.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to KRW 63,659,380 (i.e., physical damage amounting to KRW 52,638,274) and delay damages amounting to KRW 11,021,106).

3. Determination

A. A manufacturer who manufactures and sells articles of relevant legal principles is liable to manufacture and sell a product with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of its distribution, in terms of the structure, quality, performance, etc. of the product. In the event that any defect occurs to consumers due to the lack of safety and durability, the manufacturer is liable to compensate for damage caused by tort. Where the manufacturer is liable to compensate for damage due to a defect in the product manufactured in large quantity due to the concentration of technology, the process of manufacturing the product can only be seen by only the manufacturer, who is an expert, and the damage caused by such defect.

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