구상금
1. The plaintiff's appeal against the defendants and the conjunctive claim in the trial are all dismissed.
2. Appeal;
1. 기초사실 당원이 이 부분에 관하여 설시할 이유는, 제1심 판결문 제2면의 “피고 엡지손해보험 주식회사”를 “피고 엠지손해보험 주식회사(이하 ‘피고 엠지손해보험’이라 한다)”으로 고쳐 쓰는 것 이외에는 제1심 판결 이유 ‘인정사실’ 부분 기재와 같으므로, 민사소송법 제420조 본문에 의하여 이를 그대로 인용한다.
2. The assertion and judgment
A. The plaintiff alleged that the fire in this case was caused by defects such as the lack of the performance of the parts inside the kimchi cooling house of this case under Article 1 of the Kim Jong-do, and the defect of dust accumulated in the inside parts or the performance of the inside parts of this case, and filed a claim against the defendant Dae-do, which is the manufacturer of the Kim Jong-gu, in relation to the product liability insurance, as the insurer of the product liability insurance contract entered into with the defendant Dae-do, as the insurer under the Product Liability Act, for the damage compensation under the Product Liability Act. < Amended by Act No. 2090, Feb. 1, 2008> The plaintiff asserted that the fire in this case was caused by defects such as defects in the performance of the parts inside the Kimchi cooling house of this case under Article 29,101,972 won and delay damages caused by the fire in this case against the defendants.
(2) As to the primary claim, the Defendants are not liable under the Product Liability Act since the instant fire did not occur in the area under the exclusive control of Defendant Dae-mania, and even if such liability exists, the extinctive prescription has expired pursuant to Article 7(2) of the Product Liability Act after the lapse of 10 years since the supply of the instant kimchi air conditioning, and ② as to the instant conjunctive claim, there were no defects in the instant kimchi air conditioning, and even if so, the instant fire occurred due to the defect in the instant kimchi air conditioning.