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(영문) 수원지방법원안산지원 2020.10.16 2019가단62317
손해배상(기)
Text

1. In relation to the accident described in the attached list, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is assessed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was a corporation with the purpose of manufacturing food and beverage products, and manufactured and sold Nurung Park.

B. Around December 2, 2018, the Defendant purchased Nurung Park, the Plaintiff manufactured and sold, and around December 2, 2018, took an accident where she drinking a member C building of Ansan-si and Nurung Nurung Park (hereinafter “instant Nurung”) from the foregoing Nurung (hereinafter “instant accident”).

[Reasons for Recognition] Facts without dispute, entry in Eul 1 and 2 evidence (including additional number) or video, the purport of the whole pleadings

2. According to the above facts of recognition of liability for damages, the Plaintiff had a duty of care to prevent foreign substances from entering the Defendant in manufacturing and selling Nurung Nur.

However, since the Plaintiff neglected the above duty of care and the accident of this case occurred, the Plaintiff is obligated to compensate the Defendant for the damages incurred by the accident of this case.

However, in light of the fact that foreign material mixed with the Nurung Nurung, is larger than that of Nurung, and that color is different, the defendant could have discovered in the course of taking the Nurung Park, and the defendant could not have taken dental treatment prior to the accident of this case, such as taking several times of dental treatment, and such a state of dental treatment seems to have become the cause of the occurrence or expansion of damage caused by the accident of this case, and considering all other circumstances revealed in oral arguments, such as the circumstance and contents of the accident of this case, the degree of injury and the damage caused by the accident of this case, the degree of treatment, the contents of treatment, and progress, it is unreasonable to impose all the damage inflicted on the defendant due to the accident of this case, in view of the purport of the damage compensation system, which is fair sharing of damage, and thus, the liability of the plaintiff with respect to the accident of this case shall be limited to

3. Liability for damages.

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