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(영문) 서울고등법원 2015.09.02 2015나2001220
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance, including any selective claims added in the trial, is as follows:

Reasons

1. The basic facts;

2. Determination as to the claim against the defendant

A. The grounds for this part of the allegations by the parties are as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows:

(The main text of Article 420 of the Civil Procedure Act). The part concerning the removal or addition of the defendant's Daca Construction Co., Ltd., the defendant's Gaca Construction, the defendant's Gaca Construction, the defendant's Gaca Construction, the defendant's Gaca Construction, the defendant's Gaca Construction, the defendant's Gaca Construction, and the defendant'

Part 4 marks 252 are as follows: “505”; and “589” as “336.”

On the 6th page 14, “Liability for Warranty” is added to “liability based on Product Liability Act, Non-performance Liability, or tort liability.”

B. Product liability based on the Product Liability Act refers to a manufacturer’s liability for damages incurred to the life, body, or property due to a defect that has a lack of ordinarily expected safety of the product. “Property damages incurred only to the manufactured product” is excluded therefrom (Article 3(1) of the Product Liability Act). In addition, “property damages incurred only to the manufactured product” includes not only the property damages generated only to the product itself, but also the business losses incurred due to the defect, and thus the damage therefrom is not subject to the Product Liability Act.

(see, e.g., Supreme Court Decision 2012Da4824, Mar. 26, 2015). As seen earlier, the Plaintiff supplied the instant ready-mixed from the Defendant to perform the instant construction by the SFCR method. The occurrence of defects, such as cracks, strings, gambling, and dust, occurred from the instant floor. In light of the fact that the instant ready-mixed was built in a light of the fact that the instant ready-mixed was built in a light of the construction of a light concrete form, the instant floor is caused by the defects of the instant floor cited by the Plaintiff.

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