logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.27 2019나68007
손해배상(기)
Text

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

Reasons

1. Facts of recognition;

A. On August 11, 2015, the Plaintiff purchased an assembly-type computer from a company C, including “D” products (hereinafter “instant products”) manufactured by the Defendant as a data storage device (SD).

B. On March 2019, while using the instant product, the Plaintiff demanded the Defendant to repair the instant product and recover data on the ground that data stored in the instant product could not be read due to any malfunction.

On this issue, the defendant announced that the product itself can be free A/S for the product itself, but the data can not be restored.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The assertion and judgment

A. On August 11, 2015, the Plaintiff asserted that the product of this case occurred due to the defect in the product while the Plaintiff purchased and used the product of this case normally. Accordingly, the Defendant, who is the manufacturer of the product of this case, is liable to compensate the Plaintiff for each of the above damages in accordance with the Product Liability Act, as follows: ① KRW 90,000 in an amount equivalent to the cost incurred by the Plaintiff in purchasing a new SSD product; ② KRW 410,00 in damages arising from the pharmaceutical medicine during the period in which the data stored in the product of this case and computers are not used; ② KRW 500,000 in total for restoring damaged data; and ③ KRW 1,00,000 in total.

B. 1) A manufacturer who manufactures and sells a product is responsible for manufacturing and selling the 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., and, in cases where damage is incurred to consumers due to defects that do not meet such safety and durability, the manufacturer is liable for tort liability and is produced in large quantities on the other hand due to the concentration of high technology.

arrow