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(영문) 부산고등법원 2015.04.16 2014나1331

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim added in the trial is dismissed.

3. The time when the action has been brought.

Reasons

1. Basic facts

A. On March 8, 2012, the Plaintiff purchased the instant presses from the Defendant for KRW 118,00,000 from the purchase price.

B. On April 8, 2012, the Plaintiff received the presses of the instant case from the Defendant, and on April 9, 2012, around 13:20, the Plaintiff suffered injury, such as damage to the left-hand side and the water pressure tradation by the Plaintiff’s worker A while working with the presses No. 4 of the instant presses.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap's entries, Gap's evidence Nos. 3, 4, 6, 7, 10 through 12, and 16, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The presses of this case manufactured by the Defendant, including claims for damages caused by defects of products, are ① not operating properly the e-electronic protective devices, ② the manufacturing defect in which the e-electronic devices were not operated, ② the manufacturing defect in which the e-mail or the operation of the e-mail is generated due to defects of e-mails, clurfing, etc., or ② the design defect designed to be designed to reduce the safety of e-learning and to be easily damaged. The accident of this case occurred due to the manufacturing defect or design defect, and thus, the Defendant is liable to compensate the damages suffered by the Plaintiff

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,00,000,000, the amount of KRW 30,000,000 paid as consolation money to the victim A as compensation for damages due to the Plaintiff’s production difference due to the instant accident, and the amount of KRW 30,000,000, which is the sum of KRW 40,000,000, and its delay damages.

B. Since the defect of the frame of this case, which was caused by the cancellation of a sales contract, is so serious that the Plaintiff could not achieve the purpose of the sale, the Plaintiff is liable to compensate the Defendant for the defect liability or default liability, and the sales contract for the frame of this case is revoked, and the amount of KRW 118,00,000 shall be refunded.

3. Determination

A. The judgment of the court below on the claim for damages caused by the defect of the product in this case.