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.

1. Basic facts

A. On March 3, 2018, the Plaintiff: (a) paid 2.2 million won (including value-added tax) to D, etc. engaged in sales business, such as windows, etc. of the trade name “C; (b) received supply of “E” products (hereinafter “E”); (c) from May 20, 2018, the Plaintiff directly performed construction work of installing the instant materials on the Plaintiff’s roof for three days from May 20, 2018.

B. On August 2018, an accident occurred in which rainwater flows into the workplace due to the destruction of a part of the instant product constructed at the Plaintiff’s workplace (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the defect in the instant product itself. As such, the Defendant, who manufactured the instant product, is obligated to pay the Plaintiff damages totaling KRW 3,440,000 (cost of construction work of KRW 1,440,000 for the instant material cost) and damages for delay.

B. 1) First, as seen earlier, the Plaintiff purchased the instant product from D, etc. running “C,” and even based on the Plaintiff’s assertion itself, there is no contractual relationship between the Plaintiff and the Defendant, so there is no room to deem that the Defendant is liable for nonperformance in connection with the instant accident. 2) Next, the Plaintiff does not clearly assert the legal basis for the Defendant’s liability for damages regarding the instant accident and tort under the Product Liability Act. However, the Plaintiff seek damages against the Defendant, not the direct counterparty, who is the manufacturer.