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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.04.28 2014나30222
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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the part from the fourth to the fifth second to the second half of the judgment of the court of first instance, namely, the part concerning the plaintiff's assertion, other than the part concerning the determination of the plaintiff's assertion, is the same as the entry of the judgment of the court of first instance; (b) therefore, it is

2. (i) In the event of an accident under normal use of products, the manufacturer’s side proves that the accident occurred in the area under exclusive control of the manufacturer as long as the accident is not proved by any other cause, not the defect, in order to be liable for damages to the manufacturer on account of the defect of the product, and the consumer’s side proves that the accident occurred in the area under exclusive control of the manufacturer, and that the accident does not occur ordinarily without fault of any other person;

(see Supreme Court Decision 2005Da31361, Mar. 10, 2006). The fact that the National Research and Investigation Institute of Science is presumed to have damaged plants due to the structural impact of the power source code, and finally caused electric unity, and is presumed to have been formed by the electric power plant. In such a case, it is deemed that it is highly likely that smoke would have been burned to a smoke plant or its neighboring combustible materials, and that it would have been first ignited by the electrical heat accompanying the electrical power plant.

However, in full view of the evidence as seen earlier and the following circumstances, i.e., (i) the National Scientific Investigation Institute presumed the cause of damage to a smoke strawing, based on the fact that the wind code line (No. 10, No. 11) is located at 30 cm on the basis of pllergs, and that the computer is a structure installed in a wood-storage box (container), and that the cause of damage to a smoke strawing is a plucking structure. However, the power source code that found the pluging of the power source line (hereinafter “instant code code line”) and the computer of this case.

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