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(영문) 울산지방법원 2020.08.21 2018가단53063
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 November 20, 2014, the Plaintiff purchased C concrete pumps (hereinafter “instant pumps”) from the Defendant for KRW 484 billion.

The boom boom boom of the pumps of this case is 5 m, which is 63m in length.

B. On December 6, 2017, the Plaintiff caused an accident where boom boom booms fall down (hereinafter “instant accident”) due to the destruction of boom booms in the second part of the above pumps while booming the concrete snow in the construction site by using the pumps in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The plaintiff asserts that the accident of this case is attributable to the convergence price and rupture due to the contact defect at the time when the defendant manufactured the pumps of this case, and therefore, the defendant is obligated to pay the above cost of repairing the pumps of this case and damages for delay to the plaintiff.

The defendant asserts that the accident of this case occurred due to the failure of the plaintiff to properly manage and use the pumps of this case, so the plaintiff's assertion is without merit.

B. In light of the following facts and circumstances that can be acknowledged by comprehensively considering the evidence mentioned earlier and the result of the appraisal commission for appraiser D by the court, it is difficult to acknowledge that the Defendant had a manufacturing defect, such as the convergence of boom 2 part of the above pumps at the time of producing the pumps of this case, and the boom 2nd time of producing the pumps of this case, and there is no other evidence to acknowledge that the accident of this case occurred.

Therefore, the plaintiff's assertion based on the manufacturing defect of the pumps of this case is without merit.

① The Defendant is a double boom and bsss of the pumps of this case: handbling, various wheelss, and the main body of the tea’s shape.

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