logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.15 2018가합24076
손해배상(기)
Text

1. The Defendant’s KRW 909,733,99 and KRW 902,293,99 among the Plaintiff’s KRW 902,293,99 shall be KRW 7,440,000 from June 14, 2016.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 4, and the purport of the whole pleadings);

A. The plaintiff is a person engaged in the delivery cargo business, and the defendant is a company established for the purpose of manufacturing business, such as the accusation work unit.

B. On January 30, 2015, the Plaintiff purchased accusation vehicles manufactured by the Defendant from the Defendant (hereinafter “instant vehicles”) and began to use them for the installation of signboards, etc.

C. On June 14, 2016, around 11:21, 201, the Plaintiff: (a) withdrawn the extended structure of the instant vehicle from the vehicle to the vehicle and had the two floors contacted; and (b) fell and was damaged by the connecting part of the train and the extended structure during the operation of the electrical distribution at the work unit while performing the electrical distribution work at the work unit, thereby causing injury, such as cerebral negohal failure, etc.

(hereinafter “instant accident”). 2. The Plaintiff’s assertion

A. The instant accident occurred under the Defendant’s responsibility according to the following selective claims.

1. (Product Liability) The instant vehicle has a defect in manufacturing, designing, or marking with respect to safety devices and V.

② (Liability for Illegal Acts) The Defendant issued a false safety certificate while selling the instant vehicle with a significant lack of safety in the Plaintiff, which does not meet the safety certification standards, and displayed a false scope of the Working Group, which constitutes a tort by intention or negligence.

③ (Liability of Seller for Warranty) There are defects in V and safety devices among the instant vehicles sold by the Defendant to the Plaintiff.

④ (Liability for Default) The Defendant, despite the seller’s duty to hand over a vehicle with the normal quality and performance, was in violation of this duty and delivered the instant vehicle, the safety of which is considerably lacking.

B. Therefore, the Defendant shall compensate the Plaintiff for damages, ① the damages incurred by the Plaintiff due to the instant accident (hereinafter “physical damages”), namely, the daily income of KRW 401,766,775, 43,884,224, and nursing expenses.

arrow