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(영문) 울산지방법원 2014.01.08 2012가합4257
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 8, 2012, the Plaintiff purchased two mechanical presses PCS-160D (hereinafter “instant presses”) from the Defendant for KRW 118,00,000, and paid KRW 20 million to the Defendant on the date of the contract.

B. On April 8, 2012, the Plaintiff received the instant presses from the Defendant, and on April 9, 2012, around 13:20 on April 9, 2012, the Plaintiff suffered injury, such as damage to the left-hand side and the water pressure tracing damage while the Plaintiff’s employee A engaged in the instant presses.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence Nos. 3, 4, 6-1, 2, 7, 10, 11-1 through 12, 12, 16, and the purport of the whole pleadings and arguments.

2. Determination as to the cause of claim

A. The plaintiff asserted that the plaintiff suffered damages due to the defect in the frame of this case manufactured by the defendant as the manufacturer, and that the defendant should compensate for the damages.

B. In order to be liable for damages to a manufacturer on the ground of a defect in the product where the accident occurred while the product was normally used, the consumer must otherwise prove that the accident occurred in the area under the exclusive control of the manufacturer, as long as the manufacturer does not prove that the accident occurred due to other causes, not the defect in the product, and that the accident occurred in the area where the manufacturer's exclusive control, and that the accident does not occur without any negligence

(See Supreme Court Decision 2005Da31361 Decided March 10, 206, etc.). According to each of the evidence Nos. 8, 14, the press of this case was 180 degrees 40 degrees 180 degrees 40 degrees 40 degrees 60 degrees 40 degrees 180 degrees 180 degrees 180 degrees 180 degrees 180 degrees 12.

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