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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대법원 2017.12.28 2015다76400
손해배상(기)
Text

All appeals and supplementary appeals are dismissed.

The costs of appeal are assessed against the Defendant. The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The Defendant’s grounds of appeal Nos. 1 and 2, the Plaintiff’s grounds of incidental appeal, and the Plaintiff’s grounds of incidental appeal, in order to impose liability on the manufacturer for damages on the ground of defects in the product, unless the manufacturer proves otherwise that the accident occurred due to reasons other than the defect in the product, it is sufficient to prove that the accident occurred in the area under the exclusive control of the manufacturer, and that there was an ordinary accident without fault on the part of the manufacturer.

On the other hand, the determination of whether a manufacturer has a reasonable explanation, instruction, warning, or any other indication necessary to reduce or avoid damage or risk that may be caused by the product should be made in light of ordinary social norms by comprehensively taking into account all the circumstances, such as the product’s characteristics, ordinary usage mode, user expectation of the product, anticipated risks, foreseeable risks of danger, user awareness of the risks, and the possibility of avoiding risks by the user.

(See Supreme Court Decision 2005Da31361 Decided March 10, 2006, etc.). The court below, on the grounds as indicated in its reasoning, based on the following reasoning: (a) with respect to the Plaintiff’s operation of the instant golf course, the Plaintiff’s defoliation of part of the remaining parts of the instant golf course, i.e., the Defendant’s growth is not good due to bad weather conditions and outbreak of infectious diseases; (b) as a result of spraying strokes, which are sold to the stroken that the Defendant sold on the stroken in a state where the growth of the Defendant is not good due to bad weather conditions; and (c) the Defendant’s use of strokes on the stroken, etc. with product specifications, etc., could cause approximately harmful harm, such as strophy.

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