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(영문) 서울중앙지방법원 2019.07.25 2018나81556
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a business liability insurance contract with Cridge (hereinafter “instant church”) setting the insurance period from July 1, 2016 to July 1, 2017, setting the maximum amount of compensation as KRW 100,000,000, respectively. The Defendant is a stock company running the business of manufacturing automatic text engines, etc.

B. Around 2003, the Defendant supplied the automatic text (the model name: E; hereinafter “the instant automatic text”) manufactured by the Defendant to the D Industrial Company, and the said industrial company installed the instant automatic text at the entrance of the instant church around that time.

On February 25, 2016, the defendant replaced the parts of the instant automatic inquiry at the request of the church.

C. F, around October 9, 2016, after completion of towing at the instant church on a towing basis on and around 08:47, F shocked F with the instant automatic text closed and shocked F with the end of the instant automatic text while passing through the instant automatic text. As a result, F was injured by an injury that the left-hand boomed down with the upper part of F beyond the floor.

(hereinafter “instant accident”). D.

The Plaintiff paid 14,914,000 won insurance money to F by December 5, 2017, based on the business compensation liability insurance.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion 1) The instant accident occurred due to the Plaintiff’s defect in the instant automatic text that occurred as the instant automatic text was shut down due to the studio operation, and the Defendant replaced the instant automatic text license on February 25, 2016, which led to the exclusion period under Article 7(2) of the Product Liability Act from that time.

Therefore, under Article 3(1) of the Product Liability Act, the Defendant, who is the manufacturer of the instant automatic inquiry, is liable to compensate F for the damages caused by the instant accident.

The plaintiff, who is an insurer, is in accordance with Article 682 of the Commercial Act.

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