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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and even if the evidence duly adopted and examined by the court of first instance and the evidence submitted to this court are presented, the fact-finding and judgment of the court of first instance are justified.
Therefore, the reasoning for the court’s explanation on the instant case is as follows: (a) around September 10:35, 2014, “A” around September 10:35, 2014, which was used in the second instance judgment, and emphasized or added in the trial, is the same as the part of the reasoning of the first instance judgment, except for additional determination under the following (2); and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s summary of the Defendant’s assertion was normally operated for more than one year even after the Defendant installed the instant Handbroc system. At the time of the instant accident, the instant vehicle was maintained due to the defective condition of the vehicle at the time of the instant accident, and thus, the instant accident meets the requirements for product liability establishment (the accident occurred in the state of normal use, the accident occurred in the area under the exclusive control of the manufacturer, and the accident occurred in the area without any negligence).
Even if product liability is recognized to the Defendant, B did not immediately notify the Defendant of the defect of the Handbrate equipment of this case, and even to B, there should be comparative negligence because B is also responsible for the occurrence of the accident of this case and the expansion of damage.
B. (1) Determinations. (1) Each description or image of the claim regarding the elements of product liability, Gap evidence 2 to 9, Eul evidence 10 (if any, including a serial number; hereinafter the same shall apply), and the court of first instance.