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(영문) 서울중앙지방법원 2020.11.25 2019나80024
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the case which is used by the court of first instance as follows, since the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. A manufacturer of relevant legal principles must manufacture a product with safety within the expected range in light of the present technological level, economic feasibility, etc. in terms of the structure, quality, performance, etc. of the product, and shall compensate the person who suffered damage to his/her life, body, or property due to any defect not meeting such safety requirements.

(See Article 3(1) of the Product Liability Act, Supreme Court Decision 92Da18139 Decided November 24, 1992, etc.). Therefore, in order to impose liability for damages on a manufacturer or seller of goods, it is natural that the existence of such defect, the occurrence of damage, and the existence of causation between the defect and the damage should be premised.

However, it is extremely difficult for the injured party to prove scientific and technical causal relationship between the defect and the occurrence of the defect in the product because of the defect in the product produced in large quantity due to the concentration of high technology, if the liability for damages is imposed on the manufacturer due to the defect in the product, the process of manufacturing the product can only be seen by only the manufacturer who is an expert, and the damage is caused by the defect in general.

Therefore, if the accident occurs while the product is normally used, the victim proves that the accident occurred in the area under the exclusive control of the manufacturer and that the accident does not occur without any negligence, the manufacturer's defect in the product.

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