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(영문) 수원지방법원 2019.04.11 2018나64047
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next to that of the judgment shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff asserted that the accident of this case occurred due to the defect in the title of this case that the defendant manufactured and sold, and thus, the plaintiff is liable to compensate for damages caused by leakage.

3. Determination

A. 1) A manufacturer who manufactures and sells a product is liable for damages under the Product Liability Act to manufacture and sell the product with safety and durability within the expected range in light of the technical level and economic feasibility at the time of its distribution in terms of its structure, quality, performance, etc. The manufacturer is liable for damages caused by defects in its safety and durability (see, e.g., Supreme Court Decision 2003Da16771, Mar. 12, 2004). In a case where an accident occurred under normal use of the product, it is sufficient to prove that the accident occurred in an area exclusively controlled by the manufacturer unless the manufacturer proves otherwise that the accident occurred in order to be liable for damages to the manufacturer on the ground of defects in the product, and that the accident occurred in an area exclusively controlled by the manufacturer without any negligence.

(See Supreme Court Decision 2005Da31361 Decided March 10, 2006). The following circumstances, which are acknowledged by the evidence and the purport of the entire pleadings as mentioned above, are the rubber 15 meters in diameter outside 60cm, rubber connections, rubber connections, 20 meters in length and 60 centimeters in length.

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