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(영문) 대법원 2017.12.28 2016다214513
손해배상(기)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. The Plaintiff’s ground of appeal Nos. 3 and 4, and the Defendant’s ground of appeal Nos. 1 and 2, in order to impose liability on the manufacturer for damages due to defects in the product, unless the manufacturer proves otherwise that the accident was caused by other causes than the defect in the product, it is sufficient to prove in the consumer’s circumstance that the accident occurred in the exclusive control of the manufacturer, and that the accident was not ordinarily caused without fault of any person.

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 lower court, on the grounds 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 law of the instant golf course, i.e., trus, in an undeveloped state due to bad weather conditions, outbreak of infectious diseases, etc., spread of tals, which were sold by the Defendant, to the stroke to the stroke of the instant golf course; (b) the Defendant, through product specifications, etc., may cause approximately harmful harm, such as turf’s growth; and (c) the Defendant, if having provided reasonable explanation, warning, or any other indication, on the fact that the development of the law of the instant golf course could occur if it had been displayed on the turf’s turf

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