손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. The Plaintiff graduated from the master, junior college, visual design department in 1995, and is engaged in the art installed in the course and as a painting, and the Defendant is a corporation with the purpose of manufacturing and selling the electrical machinery appliances.
B. On December 14, 2009, around 12:07, at the Plaintiff’s vinyl C (hereinafter “the instant vinyl”) located in Chungcheongnam-si, Namyang-si, the fire occurred in a plastic house owned by the Plaintiff’s father C (hereinafter “the instant plastic house”), and the agricultural instruments and cooling equipment located in the pipe tank 1 Dong and 65С, and the air conditioners (hereinafter “the instant plastic house”) located in the said plastic house (the products manufactured and sold by the Defendant, which were manufactured and sold by the Defendant), the household goods such as laundry, laundry, and electric sprink, etc., the art works produced and kept by the Plaintiff, and the neighboring container was partially destroyed with 27 square meters per annum.
(hereinafter “instant fire”). C.
After the occurrence of the instant fire, the Defendant conducted an investigation into the scene of the fire along with the South-North Korean fire station, and on May 13, 2010, the LIG Damage Insurance Co., Ltd. paid KRW 10,000,000 insurance money to C as compensation for damages caused by the instant fire according to the insurance contract with the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 16, 34 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s fire occurred due to the defect in the protective device of the air conditioners of this case manufactured by the Defendant, and since the Plaintiff’s work located in the instant plastic house was entirely destroyed due to the fire, the Defendant is liable to compensate the Plaintiff for the damages caused by the fire pursuant to the Product Liability Act or the legal principles for tort liability under the Civil Act as a manufacturer and seller of the air conditioners of this case.
Accordingly, the Plaintiff against the Defendant for more than 147,50,000 won, which is equivalent to the value of 144 points of the Plaintiff’s art works that were destroyed by the instant fire, and more than 10 years after the Plaintiff started the Plaintiff’s work.