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.

1. Determination as to the cause of claim

A. On November 28, 2013, the Plaintiff asserted that: (a) purchased Defendant’s terbrop pumps products (hereinafter “instant products”); and (b) installed and used the Plaintiff’s active fish-transport vehicle (hereinafter “instant vehicle”).

On June 13, 2014, the Plaintiff suffered an accident (hereinafter “instant accident”) in which 2 jun tons all of jun due to a defect in the instant product in the course of loading jun to the instant vehicle and transporting it to Incheon.

Therefore, since the accident of this case occurred due to the defect of the product of this case, the defendant is liable to compensate for damages equivalent to KRW 13.4 million suffered by the plaintiff.

B. (1) The determination is based on the following facts: (a) if a manufacturer is liable to compensate the manufacturer for damages on the ground of a defect in a product manufactured in large quantity with a high technology integratedly developed technology, the process of manufacturing the product is presumed to have a defect in the product, so long as only the manufacturer, who is an expert, has been aware of such defect; and (b) whether the damage was caused by such defect, as the general public, it is extremely difficult for the consumer to prove the causal relationship between the defect and the defect in the product, and the occurrence of the damage, in a case where an accident normally used in the product occurs in a state of normal use, the accident occurred in an area exclusively controlled by the manufacturer; and (c) if the accident is proved by the manufacturer without a manufacturer’s fault, unless the manufacturer proves that the accident occurred due to another cause, not a defect in the product, the product is presumed to have been caused by such defect and the accident is presumed to have been caused by such defect.