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(영문) 서울중앙지방법원 2020.02.13 2019나21247
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The judgment of the court of first instance is just even if a new examination is conducted by comprehensively taking into account all the evidence, including the evidence submitted by this court, as to the party's assertion of the court of first instance.

Therefore, the reasoning for this Court’s assertion that the Defendant emphasizes in particular in this case is identical to the reasoning for the first instance judgment, except for the addition of the following judgments as to the assertion that the Defendant emphasizes in this Court. As such, this Court’s assertion is cited by the main text

[Supplementary Parts]

A. The Defendant asserts that the claim for damages under Article 750 of the Civil Act and the claim on the burden of proof are not permissible in cases where the extinctive prescription under the Product Liability Act is completed, and that the Defendant’s separate claim for tort liability under Article 750 of the Civil Act is contrary to the purport of having the provision of short-term extinctive prescription under the Product Liability Act. In addition, the Plaintiff should bear more strict burden of proof than the Plaintiff’s claim for damages under the Product Liability Act

(2) The right to claim damages under the Product Liability Act and the right to claim damages due to tort under the Civil Act are different legal grounds, establishment requirements, etc., and Article 8 of the Product Liability Act provides that “Except as otherwise provided for in this Act, the liability for damages due to defects in products shall be governed by the Civil Act” and does not exclude the application of tort liability under the Civil Act. The purpose of the Product Liability Act is to promote the protection of victims, contribute to the improvement of the people’s lives and the sound development of the national economy, by prescribing the liability for damages due to defects in products. The statute of limitations under the Product Liability Act

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