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(영문) 부산지방법원동부지원 2014.09.19 2014가단4103
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. On March 15, 2013, the Plaintiff entered into a contract with the Korea Vehicle Operation Management Co., Ltd. to supply a digital tachograph manufactured by himself/herself. On November 5, 2013, the said small company established the said digital tachograph on a A4.5 tons car truck owned by the Plaintiff.

B. On December 3, 2013, at around 19:07, a fire occurred in the vicinity of the front panel of the instant vehicle (hereinafter “instant fire”) and the said vehicle was removed, and a part of the loaded goods was destroyed.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 25, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination:

A. The plaintiff asserted that the plaintiff is liable to compensate the plaintiff for the damages caused by the fire in this case, since the fire in this case occurred due to the defect in the defendant's digital operation record book itself or the defect in installation.

B. It is sufficient for the manufacturer to prove that the accident occurred in the area exclusively controlled by the manufacturer and that the accident does not normally occur without the manufacturer's negligence in order to be liable to compensate the manufacturer for damages due to the defect in the digital driving recording system of this case where the accident occurred while one product was normally used by the manufacturer due to the defect in the digital driving recording system of this case. On the other hand, in determining the existence of any indication defect as to whether the manufacturer has any reasonable explanation, instruction, warning, and other indication necessary to reduce damage or risk caused by the product in question, the characteristics of the product, the form of ordinary use, the user's expectation of the product, the details of anticipated risks, and the contents of anticipated risks.

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