구상금
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.
Basic Facts
A. The Plaintiff is an insurer who concluded a fire insurance contract with A with respect to the three-story housing located in Bupyeong-gu, Seocheon-gu (hereinafter “instant housing”).
B. On October 27, 2011, around 20:00 to 23:15, a fire occurred in a toilet of the instant house (hereinafter “instant fire”), and the Plaintiff paid insurance money equivalent to KRW 14,380,490, which was incurred from the instant fire, to A.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, and the purport of the entire argument as to the plaintiff's assertion of the purport of the whole argument was commenced in the defendant's manufacturing clinic (hereinafter "the plaintiff of this case"). Since the fire of this case occurred due to the defect of the plaintiff of this case, the defendant shall be liable for damages under the Product Liability Act as the manufacturer of the plaintiff of this case.
The Plaintiff, who paid insurance money equivalent to the amount of damage caused by the instant fire, may exercise the right of subrogation against the Defendant in accordance with the insurer’s subrogation doctrine.
Judgment
Product liability refers to a manufacturer's liability for damages to life, body, or property caused by a defect of a product (see Articles 1 through 3 of the Product Liability Act). In this case, in order to recognize the damage caused by a defect of a product, the fire of this case should first be recognized as having occurred in the rain of this case.
Plaintiff’s assertion
It also assumes that the fire of this case was commenced at the guard of this case.
According to the statements of evidence Nos. 2, 5, 7, and 13, each of the following is found on the inside ship of this case, and electric power resource furgs were found, and sold through Home shopping during the period from October 2009 to the beginning of 2010. < Amended by Presidential Decree No. 25104, Oct. 25, 2010>