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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 2 to 5, Eul evidence No. 1, Gap evidence No. 7, and the purport of the whole pleadings.
On March 18, 2016, the Plaintiff, who runs the insurance business, concluded a sales liability insurance contract between the Plaintiff and the Plaintiff, which covers the “B-type National Assembly member” as referred to in Article 402 of the building A, with respect to the liability for damages incurred in the said hospital, for the amount of insurance coverage of KRW 1,000,000,000,000, paid-in premiums of KRW 126,300, and the insurance period from March 18, 2016 to March 18, 2017.
B. On April 10, 2016, around 11:00, an accident occurred in which water leakage occurred in the electric temperature water equipment (KDB-EW30R, hereinafter “instant hot water equipment”) manufactured by the Defendant established in the above hospital, and the interior ceiling, partitions, and partitions of the “E” operated by D under subparagraph 302 of Article 302 of the Building A, which is the following floor:
(hereinafter referred to as “instant accident”). C.
On May 9, 2016, the Plaintiff paid KRW 11,200,00 as insurance money to D on May 9, 2016.
The instant hot water season was installed in June 8, 2012, and the Defendant collected and discarded the hot water of this case on April 11, 2016.
2. Determination:
A. The Plaintiff’s assertion that the instant accident occurred due to a defect in safety and durability that could be expected in light of the level of technology and economic feasibility at the time of distribution, and thus, the Defendant is liable to compensate for the damages caused by the instant accident as a manufacturer of the instant hot water season, based on product liability or general tort liability.
On the other hand, according to the above insurance contract, the plaintiff paid 11,200,000 won as insurance money to D who is the victim of the accident of this case. Thus, the plaintiff subrogated to the defendant's claim for damages under Article 682 of the Commercial Act.
Therefore, the defendant's indemnity amounting to KRW 11,200,000 and its amount.