The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff purchased a light cargo dump dumpler (hereinafter “instant dumpler”) from the Defendant as the owner of the C ice Tractor (hereinafter “instant Tracator”), and operated the instant Tracler by attaching it to the instant Tracator.

B. On June 26, 2019, the Plaintiff: (a) was damaged in the course of loading at the E depository located in Seocheon-gun, Chungcheongnam-do; and (b) was destroyed by the fluor’s support during the process of loading the tr’s oil to load the tr’s oil to the right-hand side of the said tr (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) or video, fact-finding inquiry and reply to E Seocheon Factory Head of this Court, and purport of whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The instant accident occurred while the Plaintiff was using the instant scraper normally. Since such accident does not normally occur without any defect, the Defendant is liable to compensate the Plaintiff for damages under Article 3 of the Product Liability Act, liability for nonperformance under Article 390 of the Civil Act, and liability for warranty under Article 580 (1) of the Civil Act.

Therefore, the defendant should pay to the plaintiff the repair cost of the above Track 1,057,30 won, the above Track 2,905,665 won, the exchange due to the destruction of the Track 2,000,000 won, the transportation cost of the above Track 1,640,000 won, which was paid for the transportation of the above Track 1,640,00 won after the accident of this case, and the delay damages for the above Track 1,60,965 won.

B. As to the claim of damages liability under the Product Liability Act, Article 3(1) of the Product Liability Act only causes damage to life, body or property due to defects of the product.