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(영문) 서울중앙지방법원 2020.06.23 2019나70447
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s admitting the judgment of the first instance is as follows, with the exception that the part from the fourth to seventh of the judgment of the first instance to the seventh is used as the grounds of the judgment of the first instance, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 3. Determination

A. In order to find product liability as to the assertion of defect in a product, the product was defective in case of asking for product liability, and to presume that damage was caused by the defect, the victim’s damage was caused by the cause of the manufacturer’s actual control, as well as the fact that the damage was caused by the manufacturer’s actual control, the victim’s damage was incurred under normal use, and the fact that the damage was not ordinarily caused without the defect in the product.

(Article 3-2 of the Product Liability Act). Although the Defendant’s damp season, which the Plaintiff asserted as the cause of the instant fire, could not be used for commercial or industrial purposes, the Plaintiff used it for industrial purposes. As alleged by the Plaintiff, the instant fire was caused by the cause of the Defendant’s substantial control.

Even if it is not possible to presume the defect of the product, and the evidence submitted by the plaintiff alone is insufficient to recognize the defect of the product.

The plaintiff's assertion about the defect of the product is not accepted.

B. The Defendant’s operating manual (No. 2) regarding the Defendant’s assertion of the defect in indication shall read this manual in depth before using it, keep it for smooth driving, and comply with the following guidelines in order to prevent damage or injury to the user or other person. The wrong driving without disregarding the guidelines shall be caused by property damage and human life damage, and shall be finished using the product in narrow spaces.

product heating; and

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