Aekyung Industrial, which sold humidifier disinfectants containing harmful substances, won a second trial on its lawsuit for damages against SK Chemicals, the manufacturer.
According to the legal community on the 1st, the Seoul High Court's Civil Division 12-1 ruled on a damage claim lawsuit filed by Aekyung Industrial, ordering SK Chemicals to pay approximately 3.1 billion won on the 12th of last month.
Aekyung Industrial obtained and sold the raw material for the humidifier disinfectant from SK Chemicals from 2001 to 2002.
Reports indicate that the contract made by both parties included a stipulation that "if an accident occurs causing damage to a third party’s life, body, or property due to a defect in the product raw materials provided by SK Chemicals, SK Chemicals is fully responsible and must compensate the victims for damages."
Later, as it was revealed that the raw materials, chloromethylisothiazolinone (CMIT) and methylisothiazolinone (MIT), were harmful to humans, family members of victims who died after using the disinfectant in the United States filed for damages against Aekyung Industrial and SK Chemicals among others.
Aekyung Industrial filed a lawsuit demanding SK Chemicals to compensate for approximately 3.65 billion won, claiming that SK Chemicals should bear all responsibility for the product defects as per the contract signed earlier, and the first trial court ruled in favor of Aekyung Industrial.
SK Chemicals contended that the content of the contract was conventional wording that strengthens the manufacturer's responsibility due to the enforcement of product liability law, but the second trial court also ruled that the first trial's decision was valid and dismissed SK Chemicals' appeal.
However, the court lowered the compensation amount to approximately 3.1 billion won, excluding the expenses not paid by Aekyung Industrial during the course of the trial.