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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. As to this case, the reasoning of the court of first instance is that "automobile insurance contract which raises the insured at high time" in Part 9 of the second judgment of the court of first instance is "LIG sales car insurance contract which provides for high viewing and viewing of the insured and coverage period from October 8, 2012 to October 8, 2013," and that "the defendant is a company operating automobile repair services, etc." in Part 10 of the same part is "the defendant has entered into an automobile repair service contract with the Public Procurement Service as the company operating automobile repair services, etc., and accordingly delivers the vehicle of this case at high time on October 8, 2008, and accordingly, delivered the vehicle of this case at high time" in Part 2 of the third part of the judgment of the court of first instance as "No. 1 and 2 Eul evidence" in the second part of the judgment of the court of second instance as "No. 2 and No. 4 of the judgment of the court of second instance," and the plaintiff's additional evidence No. 20 and evidence No. 4 of the judgment as follows.
2. Determination on the assertion added in the trial
A. First, the Plaintiff asserts that, inasmuch as the instant fire occurred due to the defect of the instant vehicle, the Defendant is liable for compensating for the damages caused by the instant fire pursuant to the Product Liability Act, and is obliged to pay the Plaintiff the amount equivalent to the insurance money paid by the Plaintiff with the indemnity.
Article 3(1) of the former Product Liability Act (amended by Act No. 11813, May 22, 2013) which was in force at the time of the occurrence of the instant fire provides that “the manufacturer shall compensate for damages to the life, body, or property (excluding damages incurred only to the pertinent product) caused by the defect of the product.” Article 3(2) provides that “if the manufacturer of the product is unknown, the manufacturer shall sell or lend the product for profit.”