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(영문) 서울남부지방법원 2018.07.13 2017가합108708
손해배상(기)
Text

1. The Defendants jointly share KRW 246,716,038 to Plaintiff A, and KRW 160,477,359 to Plaintiff B, and each of the said money.

Reasons

1. Basic facts

A. The Defendants are those manufacturing and selling industrial pumps, etc. with the trade name of “E”, and F are those who installed a vinyl house on the ground of G and three parcels outside G at the time of Esansan, and those who cultivated her son, the Plaintiff F’s wife, and Plaintiff B are F’s children.

B. On October 12, 2016, F purchased the stero leasing pumps (the model name: H; hereinafter “instant pumps”) that the Defendants imported and sold from the Defendants.

C. On June 28, 2017, F used the instant pumps in order to propagate sturfed water in a vinyl house (hereinafter “instant accident”), and died on the day of the instant accident.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, 7 to 9, and the purport of the whole pleadings

2. The plaintiffs' assertion that the accident of this case occurred due to the defects of the pumps of this case. Accordingly, the defendants are liable to compensate the damages suffered by the F and the plaintiffs due to the accident of this case under the Product Liability Act. As part of the damages claim, the plaintiff A and the plaintiff B seek payment of KRW 400 million, KRW 200 million, and damages for delay.

3. Occurrence of liability for damages;

A. A manufacturer who manufactures and sells goods is liable for damages under the Product Liability Act (i.e., the product’s structure, quality, performance, etc.) to make and sell the product with safety and durability within the expected range in light of the level of technology and economic feasibility at the time of its distribution. In a case where any defect in safety and durability occurs to consumers due to failure to meet such safety and durability, the manufacturer is liable for damages due to tort (see, e.g., Supreme Court Decision 92Da18139, Nov. 24, 1992). Meanwhile, where the manufacturer is liable for damages due to defects in the product manufactured in large quantity due to the concentration of high technology, only the manufacturer is an expert.

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