2015 Gohap2754 Claims, etc.

1. A;

2. B

Hansung Co., Ltd.

December 23, 2015

February 3, 2016

1. The defendant shall pay to the plaintiffs 151,504,210 won each and 5% interest per annum from September 16, 2014 to April 1, 2015; 20% per annum from the next day to September 30, 2015; and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to each of the plaintiffs 151,504,210 won with 5% interest per annum from September 16, 2014 to the service date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. Status of the parties

The deceased C (hereinafter referred to as the "the deceased") is a person who died of the following accidents during the training of hydrobomics into the training disease (military unit No. 15 of the Marine Corps Education and Training Corps for the Marine Corps) belonging to the 15th E major E major, and the plaintiffs are the parents of the deceased, and the defendant is a company that manufactures hydrobomics.

(b) Manufacture and supply of hydrogen;

On May 1, 2005, the Defendant produced and supplied 81,270 K41, and supply it to the Ministry of National Defense.On September 1, 2014, the 15 Group of Education and Training of the Marine Corps received 1,080 bit G 1,080 bitG 520 out of the 15th on September 15, 2014. The 15th of the following day was temporarily stored in a 15 joint container to use the 520 bit G st of the training following the 520 bit of the bitG 15th of the 15th of the 2014.

D. Occurrence of the instant accident

On September 16, 2014, at around 10:22, the Deceased was sent to the Symna Hospital located near the world through the Port Hospital of the Navy, and the Deceased died as a low-tension shock engine at around 16:25 on the same day, as long as 16:25 is pressured brain pressured, electric shock, and low diversciscisciscis.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 5 (including branch numbers, if any) and the purport of whole pleadings

2. Determination on the cause of the claim

(a) Occurrence of liability for damages;

(1) Relevant legal principles

A manufacturer who engages in the business of manufacturing, processing, or importing a product shall compensate for damage to a person who has suffered damage to his/her life, body, or property due to a defect of the product (Articles 3(1) and 2(3)(a) of the Product Liability Act). If an accident occurred in the course of normal use of the product due to a defect of the product, unless the manufacturer proves otherwise that the accident occurred due to any other cause not the defect of the product, it is sufficient to prove that the accident occurred on the consumer side that the accident occurred in the area under exclusive control of the manufacturer, and that the accident does not occur ordinarily without any negligence (see, e.g., Supreme Court Decisions 2003Da16771, Mar. 12, 2004; 2005Da31361, Mar. 10, 2006).

(2) Facts of recognition

The following facts can be acknowledged in full view of the evidence adopted earlier, Eul evidence No. 2 (including paper numbers), witness H's testimony, and the overall purport of the pleading.

(A) The structure of hydrogen in this case is K413, the hydrogen scopic hydrogen 72m, weight 260g, and 10-15m (1,000 g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g.

A person shall be appointed.

(B) the operating method and principle of hydrogen;

(1) The safe hand-off of a water course shall be removed from the hold of a canter and the safe finite at the hold of a canter, and the head of a water course shall operate the candane at the front.

(2) As the net knife of a projected net knife, a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

A person shall be appointed.

(3) In cases where detonating caps are inflammable by means of shock, flammableized detonating caps are inflammable, flammabled with a delayed agents, and all of flammables are burned, (4 to 5 seconds) air explosives shall be flammabled, and percussionum explosives shall be scattered with an explosion of the body (10 to 15 meters in radius) in the process of explosion by extinguishing hydrogens.

(C) The training team for the Marine Corps Education and Training Group for the Marine Corps.

(1) The Marine Corps Education and Training Group of the Marine Corps shall establish guidelines for implementation to analyze cases of accidents, conduct risk forecast training, fully informed of the guidelines for the administration of hydrostans, in order to prevent accidents of hydrostans.

② On September 15, 2014, the training soldiers belonging to the 15th E Team, including the Deceased, received education on the operating principles of hydroboms and cautions 1) in order to operate hydroboms in order to operate hydroboms scheduled for the next day, and practice hydroboming operations.

③ On September 16, 2014, the training soldiers, including the Deceased, followed again the movement of a swimming pool, and completed the training at the end, once the training was conducted. In a case where there was a fall of a swimming pool in front of the training soldiers, and where there was a fall of a swimming pool in front of the training soldiers, the training team directly tried to cope with the sound that led to a mistake in the wave of a swimming pool.

(D) The actual process of shoting.

(1) The head of a hydrostan shall take place in the order of the Central Control Office in accordance with the direction of the Central Control Office, such as ‘spathic spathic spathic spathic spathic', ‘spathic spathic spathic spathic', ‘spathic spathic spathic spathic spathic spathic spathic spathic spathics', ‘spathic spathic spathic spathic spathic spathic spathic spathic spathics', â

(3) When a training soldier removes a safe clean and safety pins, and withdraws a candane with only one hand, the competent school officer shall prepare a candhot in both hands in preparation for the destruction of a candhot, which was cited by the training soldier, and the head of the competent school shall operate a candhot in such detail that he/she was "at the central control office."

(e) The testimony and testimony of H by a witness who was a person in charge of the deceased.

① At the time of the brupting of the Deceased, the witness asked him that he was in charge of the Deceased, that he was working as the 15th class of the Education and Training Team’s assistant instructors (whether he was called, and whether he was in charge of the safety loss.).

② 증인 H은 이 사건 법정에서 안전클립은 망인이 수류탄을 쥐고 있는 상태에서 맞은편에 서서 자신이 직접 제거하였고, 안전핀은 망인이 엄지손가락으로 안전핀을 끼고 사과 쪼개듯이 제거하였는데, 안전핀을 제거할 때부터 망인이 던져 자세에 들어가기 전까지 망인의 손을 잡고 있었으며, 수류탄을 쥔 망인의 손에서 눈을 떼지 않았다고 증언하였다. 3 증인 H은 이 사건 법정에서 '던져'라는 구령이 나와 던지려는 순간 망인의 손에서 이 사건 수류탄이 폭발하였다고 증언하였다.

(3) Determination

In addition to the purport of the pleading in the above facts, it is difficult to view that the Defendant’s safety loss was caused by this case’s non-exploitive defect, namely, that the water dynasium might cause a large number of casualties. The Marine Corps Education and Training Group of the Marine Corps provides repeated training for two days for the Deceased. The Deceased appears to have received the above training, and it appears that the officer in charge of causing the disease would have received pre-training measures in emergency situations, such as in a case where the synasium caused the synasium by mistake of the synasium, etc. In addition, from the date of the accident to the court of this case, it is consistent with the witness’s statement or testimony that the deceased’s safety loss had been caused by this case’s non-exploitive defect. Thus, it is difficult to see that the witness’s non-exploitive defect could have been caused by the witness’s non-exploitive defect in this case’s life.

(4) Judgment on the defendant's assertion

(A) The Defendant asserts that, unless a hydrogen knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

(B) The following facts may be acknowledged according to each description of Eul evidence 1, 3, and 8 (including the number of branch numbers).

① Around May 2005, the Defendant produced 81,670 tropists G 81,670, as seen earlier. From May 12, 2005 to May 16, 2005, the Defendant’s self-testing of the above tropists. The test results are as follows.

A person shall be appointed.

② The Defendant confirmed whether to charge with delay and the amount of charge for all kinds of hydrogen produced through a radiation inspection, and supplied them to the Ministry of National Defense. The Defendant conducted the above radiation inspection even in the case of bit number G 81,670.

③ After the instant accident occurred, the Agency for Defense Technology and Quality Assurance test was conducted on October 6, 2014 to October 22, 2014 with respect to the complete carbon function test, the test of new official function test, the test of fire-fighting force in safe-scale, the test of sppin towing power, the test of springing performance, the test of water portion analysis, the test of compressed strength, the test of delayed ingredients analysis, and the test of the possibility of spring detonating caps by sping.

(4) As a result of the functional test on 500 candane G strings, it was not found that there was less than 3 seconds, and it was not found that there was no delayed radiation photographing 510 strings of ro number G strings.

(5) The Agency for Defense Technology and Quality Assurance concluded that there was no product omitted for the delayed system, and that there was no product less than three seconds of the delayed time which could directly affect the accident, and that there was no error in the test results, and that there was no possibility of explosion and early explosion in normal conditions due to product defects.

(C) On the other hand, in light of the evidence adopted earlier, and the facts or circumstances revealed by the results of the fact inquiry inquiry into the Defense Agency for Technology and Quality and Technology, and the Army Powders Assistance Headquarters, the above fact-finding alone is insufficient to reverse the above judgment. If a person does not have a safety hand over under the structure and operation principle of a watering coal, the air can not destroy the detonating cap, and if the air does not shoot the detonating cap, it cannot be explosiond, however, it cannot be concluded that the structure and operation principle of the watering can only be completely cut off due to the other defects of the watering coal.

(b) The Defendant conducted a test before the supply of tweet G string G strings, including the instant hydrogen, and the result was determined to pass the test, so it is not defective. However, it is difficult to conclude that the Defendant did not have any defect with respect to the remaining tweets except for the radiation test. Moreover, it is deemed that the instant tweets were destroyed due to prolonged storage until September 16, 2014, which is the product manufactured around 2005 and May 201, which is the date of the occurrence of the accident. It cannot be ruled out that there was a new defect that had not been existing due to the deterioration.

다 더욱이 피고가 2011년 제조한 K413 경량화 세열 수류탄에 대한 2014년 정기시험 결과에서는 수류탄 30발 중 6발이 3초 미만의 조기폭발을 하였고3), 이는 신관의 방수액이 완전히 휘발되지 않은 상태로 탄체에 결합되어 지연제에 용제가 침투한 것이 그 원인으로 보이는바, 이는 피고의 제조상 과실이라고 할 것이고, 피고가 이 사건 수류탄을 제조함에 있어서도 위와 같은 과실을 범하지 않았으리라고 단정하기 어렵다.라 또한 망인의 후두부, 우측 전완부, 상완부에는 특별한 외상이 없고, 우측 안면부와 좌측 쇄골부위에 파편상이 집중적으로 발견되었고, 망인이 착용하였던 방탄모의 전면 및 우측 부분에 총 10개소의 파편 혼적이 발견되었으며(그 중 8개소는 관통 흔적), 망인이 착용하였던 방탄복의 좌측 목 및 어깨 부분에 15개소의 파편 관통 흔적이 발견된 사실에다가 사방으로 파편이 비산되는 수류탄의 폭발형태를 참작하면 수류탄은 망인의 뒤에서 폭발한 것이 아니라 망인이 수류탄을 던지기 위하여 오른손으로 수류탄을 던지는 도중, 즉 수류탄을 들고 있던 망인의 오른손이 망인의 우측 안면부를 어느 정도 지난 상태에서 폭발한 것으로 보이는데, 물건을 던지는 통상적인 자세를 고려하여 보았을 때 물건을 쥔 손은 우측 안면부를 어느 정도 지나게 되면 펼쳐지는 것이므로 위와 같은 지점에서 이 사건 수류탄이 폭발한 것이라면 망인이 수류탄을 쥐고 있던 손을 펼친 상태에서, 즉 안전손잡이를 놓아 공이가 뇌관을 타격한 상태에서 지연제의 결함으로 인하여 이 사건 수류탄이 즉발하였을 가능성도 배제할 수는 없다고 할 것이다.

(D) The defendant's assertion is without merit.

(5) Sub-committee

Therefore, the defendant, as a parent of the deceased, is liable to compensate the plaintiffs who inherited the deceased for the damages arising therefrom.

3. Scope of damages.

The calculation of the period for the convenience of calculation shall be calculated on a monthly basis, and the amount less than a month shall be included in the side on which the appraised amount is less than the last month, and the amount less than the last month shall be discarded, respectively, and the calculation of the present price at the time of the accident in this case shall be made by the method of simple interest deduction at the rate of 5/12 per month.

(a) The deceased’s lost income;

(A) Basics: as stated in the separate sheet of damages calculation.

(b)financial assessment of operating capacity;

As of the date of the occurrence of the instant accident, the Plaintiff calculated the lost income, but at the time, the Deceased could not engage in private economic activities, which are the premise for the lost income as a soldier. Therefore, the date of discharge of the Deceased should be the starting point of the lost income. As the Plaintiffs seek, the lost income shall be calculated based on monthly 1,931,710 won (=87,805 won per day) as of September 2014.

(C) Until the maximum working age reaches 60 years;

(d) Cost of living: 1/3 of income;

(e) Calculation: as stated in the separate sheet for calculation of damages in the "actual income column".

(b) a mutual aid

(A) The Plaintiffs are those persons who received compensation of KRW 106,065,180 from the Veterans Administration due to the death of the Deceased, and thus, deduction shall be made.

(B) Calculation: The amount of consolation money shall be as indicated in the column of "deduction" in the attached table of calculation of damages.

(A) Reasons for consideration: The background and result of the instant accident, the deceased and the plaintiffs' age, the relationship between the deceased and the plaintiffs, and all other circumstances shown in the present argument.

(B) Amount of recognition: 80,000,000 won for the Deceased, and 10,000,000 won for each of the plaintiffs A and B

(d) Inheritance relations; and

(a) Amount of inheritance: 283,008,420 won;

(B) Calculation: The plaintiffs inherited the above 283,008,420 won from the deceased. Since the inheritance shares are 1/2 of the plaintiffs, the plaintiffs' inherited property is 141,504,210 won, respectively.

E. Sub-decision

Therefore, the Defendant is obligated to pay the Plaintiffs 151,504,210 won (i.e., KRW 141,504,210 + KRW 10,000 + KRW 5% per annum prescribed by the Civil Act from September 16, 2014, which is the date of the instant accident, to April 1, 2015, the delivery date of a copy of the complaint of this case; 20% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015; and 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment (i.e., statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 25, 2015; and (ii) the Plaintiffs’ selective interest rate of at least 15% per annum from 2653, 2015.15% per annum.

5. Conclusion

Therefore, the plaintiffs' claims are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

The presiding judge, Park Jong-dae

Judges Shin Young-chul

Judges Kim Gin-han

1) If the employer sponsed the pressure of the safety hand after the removal of the safety hand, then spherbling the detonating caps by turning off the handbane even while the employer is sprinking it.

That is, it is called mring or bable character.

2) The inventory amount remaining at the time was 63,502.

3) 2.8 second and fourth, fourth, 2.9 second.

4) According to Gap evidence No. 5-67, the deceased's entry date on August 25, 2014 can be acknowledged as the fact that the deceased's entry date was August 25, 2014. The discharge date of the deceased's discharge on May 24, 2016.

It will be called(21 months of compulsory service period);