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(영문) 서울고등법원 2016.11.29 2015나32631
손해배상(기)
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the grounds for the judgment of the court of first instance (such as the law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and judgment on issues) are sufficiently reasonable.

The reasoning for this Court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows or the determination of the defendants’ grounds for appeal. As such, the summary of the judgment and the attached Form shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2.The addition shall be accompanied by the following:

The purpose of the Product Liability Act is to protect victims by prescribing the manufacturer's liability for damages caused by defects of a product, thereby contributing to the improvement of safety in people's lives and the sound development of the national economy.

(1) According to Article 2 of the Product Liability Act, the term "manufactured" means movable property manufactured or processed (including a part of another movable property or real property) (Article 1). The term "manufacturing defect" means the manufacturing defect of the product in question (Article 1) (Article 1); the term "manufacturing defect" means a product not safe due to manufacturing or processing different from the originally intended design regardless of whether the manufacturer fulfilled his/her duty of due care in manufacturing or processing the product); the design defect (where the product could not be safe due to the failure of the manufacturer to adopt a reasonable alternative design even if the manufacturer would have reduced or avoided damage or risk if he/she had adopted a reasonable alternative design). Damage or risk that could be caused by the product would have been caused if the manufacturer had made a reasonable explanation, instruction, warning, or any other indication.

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