구상금
1. The Defendant’s KRW 64,559,988 as well as the Plaintiff’s KRW 5% per annum from May 16, 2014 to May 14, 2015.
1. Facts of recognition;
A. On May 22, 2013, the Plaintiff is an insurer who entered into an insurance policy for non-distribution public partnership property comprehensive insurance between May 22, 2013 and May 22, 2018 with respect to the main points of the trade name “C” located in the 1st floor in Gwangju Mine-gu, Gwangju (hereinafter “instant main points”).
B. On March 8, 2014, around 03:00, a fire occurred at the main station of this case, and the inside facilities, equipment, fixtures, etc. of the main station of this case were destroyed or damaged.
(hereinafter “instant fire”). C.
On May 15, 2014, the Plaintiff paid KRW 92,228,55 to A as insurance proceeds based on the instant insurance contract.
The Defendant is a manufacturer who manufactures air conditioners installed at the main station of the instant case (hereinafter “instant air conditioners”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiff asserts that since the fire of this case was issued by the defendant due to the defect in the air conditioners of this case manufactured by the defendant, the defendant liable for damages under the Product Liability Act is obligated to pay 92,228,555 won, which is equivalent to the insurance money paid to the plaintiff.
(2) As to this, the Defendant asserted to the effect that the instant fire is not liable under the Product Liability Act, since the instant fire is not caused by the defect in the cooling house, but by the negligence in the management and use of users, since the instant fire is not caused by the defect in the cooling house, and it is not caused by the defect in the cooling house of this case, or by the negligence in the management and use of users.
B. (1) A manufacturer who manufactures and sells goods bearing liability for damages is expected to take into account the technical level and economic feasibility at the time of distribution in terms of the structure, quality, performance, etc. of such goods.