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(영문) 수원지방법원안산지원 2017.06.08 2015가합21049
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a company with the objective of manufacturing, selling, etc. a special truck, transportation equipment, and its parts. 2) The Plaintiff is a person who: (a) put B malicious truck (hereinafter “instant cargo truck”) into the Chang Special Road Co., Ltd. (hereinafter “ Chang Special Road”); and (b) engaged in the transportation business using the instant cargo truck.

B. (1) On September 2014, the Plaintiff entered into a sales contract for the instant restr, etc.) was manufactured by the Defendant from the Defendant, on or around September 2014, one set of Cprlers manufactured by the Defendant (hereinafter “instant restr”).

(1) purchase 47,250,000 Won (hereinafter “instant sales contract”)

() On September 17, 2014, the Defendant paid each of the remainder of KRW 46,250,000 on October 7, 2014, and KRW 46,250,000 to the Defendant. On October 7, 2014, the Plaintiff received delivery from the Defendant. (2) On October 8, 2014, the Plaintiff entered the instant Trler into Seojin Co., Ltd. (hereinafter “Seojin”), and replaced the existing Trrler, which was installed in the instant cargo vehicle, with the instant cargo vehicle.

C. On December 7, 2014, when the Plaintiff was operating the instant cargo vehicle with the instant bitr installed and operated on the instant cargo vehicle, there was an accident in which the instant cargo vehicle and bitr were returned to the instant cargo vehicle on the road located in Mayang-dong 303-136 (hereinafter “instant road”) around 17:55.

[Ground of recognition] The entry of Gap evidence 1 to 10, Gap evidence 11, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1 of this case had a defect in the manufacturing process, which is an inferior straw, as its accessory, and this is recognized as the manufacturer’s cause attributable to the Defendant. Thus, the Defendant is liable for product liability.

The Defendant violated the instant sales contract, and thereby, has an objective nature and performance that can be expected in the transaction norms to the Plaintiff.

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