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(영문) 의정부지방법원 2015.01.22 2014나52156
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. In a case where a manufacturer is liable to compensate for damages on the ground of a defect in a large-scale product manufactured in combination with highly advanced technology, the manufacturing process of the product shall be presumed to exist on the part of a manufacturer, who is an expert, and whether the defect occurred due to the defect, as a general public, since it is extremely difficult for the consumer to prove scientific and technical causation between the defect in the product and the occurrence of the defect, and it is extremely difficult for the consumer to prove that the accident occurred under normal use of the product, and that the accident occurred in the area under exclusive control of the manufacturer, and that the accident does not occur ordinarily without any negligence, if the manufacturer does not prove that the accident occurred on the part of the manufacturer, unless the manufacturer proves that the accident occurred on the part of the manufacturer, other than the defect in the product, the manufacturer is presumed to exist on the part of the product, and that the accident occurred on the part of the manufacturer is presumed to have occurred on the part of the manufacturer, and thus, the burden of proof should be mitigated on the basis of the equitable and reasonable damage liability system (see, e.g.

A. The Defendant produced and supplied electric horse to B around 2005.

(b) B installed and used the above electric horse in the art museum it operates.

C. On October 17, 2012, a fire occurred from the above art and factory.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

3. The Plaintiff’s allegation that the fire fighting boat, Chuncheon, presumed the cause of the fire to be excessive to the heat of the said electricity horse, and the said fire is also caused by the wind, which occurred due to the excessive load from the above asbestos line, even though the horse repair business operator C.

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