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(영문) 서울중앙지방법원 2019.07.11 2018나61064

구상금

Text

1. Of the judgment of the court of first instance, the defendant lost the plaintiff as to the money that ordered the plaintiff to pay below.

Reasons

1. The reasons for this part of the facts of recognition are as follows: (a) the court added “F Council members” (hereinafter “instant Council members”) to “F Council members” following the third anniversary of the reasons for the judgment of the court of first instance; and (b) except for the dismissal of paragraph (e) of Article 1 as follows, the court of first instance cited this part as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment]

E. Under the instant Type 1 insurance contract, the Plaintiff paid KRW 50 million to E on June 12, 2014, KRW 53,912,938, and KRW 2,983,294, and KRW 106,896,232, respectively, and paid KRW 106,896,232, respectively, to E on July 29, 2014, based on the instant Type 2 insurance contract, and paid KRW 7,586,076, and KRW 3,374,152, the sum of KRW 10,960,228, respectively.

2. Occurrence of liability;

(a) Determination as to the cause of the claim 1) Article 3 of the Regulations of the Product Liability Act (Article 3) 1 of the Product Liability Act (Article 3) 1 of the manufacturer shall not include damage to life, body, or property due to a defect of the product (Article 3).

(B) the injured party shall be liable for damages to the injured party. Article 3-2 (Presumption of Defects, etc. is proved to the following facts, the product was defective at the time of the supply of the product and is presumed to have been damaged by the defect.

Provided, That the same shall not apply where the manufacturer proves that the damage was caused by any reason other than the defect of the product.

1. That damage was inflicted on the victim while the product was normally used;

2. The fact that the loss referred to in subparagraph 1 was caused by the manufacturer's substantial control area; and

3. The fact that the damage referred to in subparagraph 1 does not normally occur without any defect of the relevant product (Article 4 (Grounds for Exemption) (1) Article 3 (Grounds for Exemption) that the person liable to compensate for damage under Article 3 falls under any of the following subparagraphs: